Can you scan an ID in Maryland?

Maryland law currently does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan. 

Maryland introduced legislation in 2022 that would outlaw use of an electronic scanning device. The bill is sponsored by State Senator Cheryl C. Kagan, and has been referred to committee.

There are some instances in which merchants are required to record information related to identity, such as scrap metal recycling. ID scanning can improve the ease and accuracy of record keeping in these scenarios.

Overview of Maryland 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 Maryland offer affirmative defense for ID scanning?

No.

Maryland Senate Bill 1056. Relating to age verification for tobacco sales

Passed Enrolled, 04/08/2024. Takes effect October 1, 2024.

Would require certain licensed retailers to verify an individual’s date of birth before selling cigarettes, other tobacco products, or electronic smoking devices in a certain manner. A person may verify age by means of a government issued photo ID and in direct face-to-face exchange including the assistance of any electronic or mechanical device.

Maryland HB 1180. Relating to age verification for tobacco sales

Referred to Rules, Committee 04/08/2024

Would require certain licensed retailers to verify an individual’s date of birth in a certain manner before selling cigarettes, other tobacco products, or electronic smoking devices.

Maryland Senate Bill 1041. Relating to alcohol deliveries and age verification

Passed Enrolled, 04/05/2024. Takes effect July 1, 2024.

Would establish direct-to-consumer alcoholic beverages delivery permits authorizing the direct delivery of beer, wine, or liquor to a consumer. A standard digital age verification system must be used to verify the age of a person accepting the delivery of alcoholic beverages.

Maryland Senate Bill 861. Concerning Consumer protection while scanning IDs

Would prohibit a person from using a scanning device to scan or swipe an identification card or a driver’s license of an individual to obtain personal information of the individual. The bill has not yet passed, but is still being heard by the Senate.

Making a violation of this Act would be considered unfair, abusive, or deceptive trade practice under the Maryland Consumer Protection Act and subject to certain enforcement and penalty provisions; and generally relating to scanning or swiping identification cards and driver’s licenses.

Maryland Code. Title 12. Secondhand precious metal object dealers & pawnbrokers § 12-301 – Required records

(4) for each individual from whom the dealer acquires a precious metal object:

(i) the name, date of birth, and driver’s license number of the individual; or

(ii) identification information about the individual that:

1. positively identifies the individual from at least 2 forms of identification, which may include an age of majority card, military identification, or passport; and

2. provides a physical description of the individual, including the sex, race, any distinguishing features, and approximate age, height, and weight of the individual;

(5) a statement indicating whether or not the person making the transaction is personally known to the dealer; and

(6) the signature of the person from whom the precious metal object or personal property is acquired and the dealer or employee who accepted the precious metal object.