Can you scan an ID in Massachusetts?

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

Can you use facial recognition in Massachusetts?

Massachusetts has passed legislation banning most uses of facial recognition technology by public and government entities, including law enforcement. Private businesses may still use facial recognition technology.

Overview of Massachusetts 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. 

Nevertheless, when a customer pays by check, the business is not allowed to require the customer to provide a credit card number or any personal identification information other than a name, address, driver’s license or ID number, and telephone number (all of which may be recorded), provided that the business may verify (without recording) the signature, name, and expiration date on a credit card.

Does Massachusetts offer affirmative defense for ID scanning?

No.

MGL  ch.93  §105 Credit cards; checks; personal Identification Information

(a) No person, firm, partnership, corporation or other business entity that accepts a credit card for a business transaction shall write, cause to be written or require that a credit card holder write personal identification information, not required by the credit card issuer, on the credit card transaction form. Personal identification information shall include, but shall not be limited to, a credit card holder’s address or telephone number. The provisions of this section shall apply to all credit card transactions; provided, however, that the provisions of this section shall not be construed to prevent a person, firm, partnership, corporation or other business entity from requesting information is necessary for shipping, delivery or installation of purchased merchandise or services or for a warranty when such information is provided voluntarily by a credit card holder.
(b) No person, firm, partnership, corporation or other business entity accepting a check in any business or commercial transaction as payment in full or in part for goods or services shall do any of the following:
(1) Require, as a condition of acceptance of such check, that the person presenting such check provide a credit card number, or any personal identification information other than a name, address, motor vehicle operator license number or state identification card number of such person and telephone number, all of which may be recorded; provided, however, that the person, firm, partnership, corporation or other business entity accepting such check may verify the signature, name, and expiration date on a credit card; provided further, that in complying with a request to provide a telephone number, the person paying with a check may provide either a home telephone number or a telephone number where such person may be called during daytime hours.
(2) Require, as a condition of acceptance a check, or cause a person paying with such check to sign a statement agreeing to allow a credit card to be charged to cover the amount of such check.
(3) Contact a credit card issuer or otherwise access a credit card account balance to determine if the amount of any credit available to the person paying with a check will cover the amount of such check.
(4) Require, as a condition of acceptance of the check, that a person’s credit card number be recorded in connection with any part of a transaction.
(5) Record on a check, or require a person paying with a check to record on such check, any information regarding the race of such person.
(c) Subsection (b) shall not prohibit any person from doing any of the following:
(1) requesting, receiving, or recording a credit card number in lieu of requiring a cash deposit to secure payment in event of default, loss, damage or other occurrence; or
(2) recording a credit card number and expiration date as a condition for cashing or accepting a check where such person has agreed with the card issuer to cash or accept checks from the issuer’s card holders and where the issuer guarantees such card holder checks cashed or accepted by such person.
(d) Any violation of the provisions of this chapter shall be deemed to be an unfair and deceptive trade practice, as defined in section 2 of chapter 93A. An individual aggrieved by a violation of the provisions of this section may notify the office of consumer affairs and business regulation or the office of the attorney general. The executive office of consumer affairs is authorized to promulgate rules or regulations necessary to enforce the provisions of this section.
Approved December 27, 1991.

Massachusetts Law. Section 34B. Liquor Purchase identification cards

Section 34B. Any person who shall have attained age twenty-one and does not hold a valid operator’s license issued by the registry of motor vehicles, pursuant to section eight of chapter ninety, may apply for a liquor purchase identification card. Such cards shall be valid for five years and shall be issued by the registry of motor vehicles pursuant to regulations prescribed by the registrar with the advice of the commission and shall bear the name, signature, date of birth, address and photograph of such person. The registry of motor vehicles shall require payment of a twenty-five dollar fee for any card issued pursuant to this section. A liquor purchase identification card issued by the registrar shall be labeled as ”Not for Federal Identification.

Any licensee, or agent or employee thereof, under this chapter who reasonably relies on such a liquor purchase identification card or motor vehicle license issued pursuant to section eight of chapter ninety, or on an identification card issued under section 8E of chapter 90, or on a valid passport issued by the United States government, or by the government, recognized by the United States government, of a foreign country, or a valid United States issued military identification card, for proof of a person’s identity and age shall not suffer any modification, suspension, revocation or cancellation of such license, nor shall he suffer any criminal liability, for delivering or selling alcohol or alcoholic beverages to a person under twenty-one years of age. Any licensee, or agent or employee thereof, under this chapter, who reasonably relies on such a liquor purchase identification card, or an identification card issued under section 8E of chapter 90, or motor vehicle license issued pursuant to said section eight, for proof of a person’s identity and age shall be presumed to have exercised due care in making such delivery or sale of alcohol or alcoholic beverages to a person under twenty-one years of age. Such presumption shall be rebuttable; provided, however, that nothing contained herein shall affect the applicability of section sixty-nine.

Any person in a licensed premises shall, upon request of an agent of the commission or the local licensing authorities, state his name, age, and address. Whoever, upon such request, refuses to state his name, age or address, or states a false name, age, or address, including a name or address which is not his name or address in ordinary use, shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars.

Any person who transfers, alters or defaces any such card or license, or who makes, uses, carries, sells or distributes a false identification card or license, or uses the identification card or motor vehicle license of another, or furnishes false information in obtaining such card or license, shall be guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than three months.

Massachusetts Bill S.1835. Facial Recognition Commission

“Face recognition”, an automated or semi-automated process that assists in identifying an individual or capturing information about an individual based on the physical characteristics of an individual’s face, or that logs characteristics of an individual’s face, head, or body to infer emotion, associations, activities, or the location of an individual.

Absent express statutory authorization, it shall be unlawful for the Commonwealth of Massachusetts or any Massachusetts government official to acquire, possess, access, or use any biometric surveillance system, or acquire, possess, access, or use information derived from a biometric surveillance system operated by another entity.

Statutory authorization for government use of a biometric surveillance system shall describe with particularity:

(i) the entities permitted to use the biometric surveillance system, the purposes for such use, and prohibited uses;

(ii) standards for use and management of information derived from the biometric surveillance system, including but not limited to data retention, sharing, access, and audit trails;

(iii) auditing requirements to ensure the accuracy of biometric surveillance system technologies, standards for minimum accuracy rates, and accuracy rates by gender, skin color, and age;

(iv) rigorous protections for due process, privacy, free speech and association, and racial, gender, and religious equity; and

(v) mechanisms to ensure compliance.

Massachusetts S 227. An act establishing the Massachusetts Information Privacy and Security Act

Hearing scheduled for 02/02/2024

Would establish the Massachusetts Information Privacy and Security Act.