Can you scan an ID in Iowa?
Iowa law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan.
Overview of Iowa ID Scanning Laws
In the absence of any statute governing issues associated with a business’s practice of scanning IDs, a business is likely allowed to scan IDs and to retain information obtained from a scan, subject to applicable privacy laws.
Does Iowa offer affirmative defense related to ID scanning?
No.
Iowa Code 2016. Alcoholic Beverage Control
123.48 Seizure of false or altered driver’s license or nonoperator identification card.
- If a liquor control licensee or wine or beer permittee or an employee of the licensee
or permittee has a reasonable belief based on factual evidence that a driver’s license as
defined in section 321.1, subsection 20A, or non-operator identification card issued pursuant to section 321.190 offered by a person who wishes to purchase an alcoholic beverage at the licensed premises is altered or falsified or belongs to another person, the licensee, permittee, or employee may retain the driver’s license or non-operator identification card.
Within twenty-four hours, the card shall be delivered to the appropriate city or county law enforcement agency of the jurisdiction in which the licensed premises is located. When the card is delivered to the appropriate law enforcement agency, the licensee shall file a written report of the circumstances under which the card was retained. The local law enforcement agency may investigate whether a violation of section 321.216, 321.216A, or 321.216B has occurred. If an investigation is not initiated or a probable cause is not established by the local law enforcement agency, the driver’s license or non-operator identification card shall be delivered to the person to whom it was issued. The local law enforcement agency may forward the card with the report to the department of transportation for investigation, in which case, the department may investigate whether a violation of section 321.216, 321.216A, or 321.216B has occurred. The department of transportation shall return the card to the person to whom it was issued if an investigation is not initiated or a probable cause is not established. - Upon taking possession of an identification card as provided in subsection 1, a receipt
for the card with the date and hour of seizure noted shall be provided to the person from
whom the card was seized. - A liquor control licensee or wine or beer permittee or an employee of the licensee or
permittee is not subject to criminal prosecution for, or to civil liability for damages alleged to have resulted from, the retention and delivery of a driver’s license or a nonoperator identification card which is taken pursuant to subsections 1 and 2. This section shall not be construed to relieve a licensee, permittee, or employee of the licensee or permittee from civil liability for damages resulting from the use of unreasonable force in obtaining the altered or falsified driver’s license or identification card or the driver’s license or identification card believed to belong to another person.
94 Acts, ch 1105, §3; 96 Acts, ch 1090, §1; 98 Acts, ch 1073, §9, 12
Iowa Senate Study Bill 1128. In Relation to the Regulation of Certain Tobacco Products
Would enact act relating to the regulation of certain tobacco products and providing penalties. All tobacco devices delivered by delivery sale directly to a resident of the state shall be sold only by a device delivery sale permit holder. Deliveries can only be made to persons 21 or older. Upon delivery, the permit holder must obtain proof of age, and records must be maintained.
Failure to follow regulations outlines in this bill result in monetary fines ranging from $500 and $1000 for the first and second offenses. The third offense results in suspension or revocation of license.
UPDATE: Above Bill 1128 renamed to Senate File 345
A retailer of devices for smoking tobacco, hemp, or other plant products or controlled substances would not be permitted to sell, give, or otherwise supply a device to any person under twenty one years of age and would be required to verify the age of all purchasers of devices. If a device was purchased at a retail outlet, valid proof of the purchaser’s identity and age would be obtained at the time the device was supplied to the purchaser.
Iowa Senate Bill 262 . In Relation to Consumer Data Protection
Relates to consumer data protection and provides civil penalties. Businesses can authenticate an ID through reasonable means. A consumer is then entitled to exercise their consumer rights in section 715D.3. Personal data collected, used, or retained pursuant to this section shall, where applicable, take into account the nature and purpose or purposes of such collection, use, or retention. Such data shall be subject to reasonable administrative, technical, and physical measures to protect the confidentiality, integrity, and accessibility of the personal data.
Penalties for violating provisions in this chapter are dealt by the attorney general. Penalties are determined by number of violations and range from a written notice to $7500 per violation.