Can you scan an ID in Minnesota?
Minnesota law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan.
There are some instances in which merchants are required to record information related to identity, such as scrap metal recycling, sale of precursor substances, and pulltab winnings above $100. ID scanning can improve the ease and accuracy of record keeping in these scenarios.
Overview of Minnesota 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 Minnesota offer affirmative defense for ID scanning?
(a) The following data created, collected, stored, or maintained by the department for purposes of obtaining a noncommercial game and fish license, cross-country-ski pass, horse pass, or snowmobile trail sticker; registering a recreational motor vehicle; or any other electronic licensing transaction are private data on individuals as defined in section 13.02, subdivision 12: name, addresses, driver’s license number, and date of birth. The data may be disclosed for law enforcement purposes. The data, other than the driver’s license number, may be disclosed to a government entity and for natural resources management purposes, including recruitment, retention, and training certification and verification.
(b) Private data on individuals under paragraph (a) may be disclosed as follows:
(1) for use by any government agency, including a court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions;
(2) for use in connection with matters of vehicle or operator safety and theft, emissions, product alterations, recalls or advisories, and performance monitoring;
(3) for use in the normal course of business by a legitimate business or its agents, employees, or contractors, in order to verify the accuracy of personal information submitted by an individual. If the information as submitted is not correct or is no longer correct, correct information may be obtained only for the purpose of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against the individual. If the person requesting access is acting as the agent of a lienholder, the requester must submit proof of a contract with the lienholder;
(4) for use in connection with any civil, criminal, administrative, or arbitration proceedings in any federal, state, or local court or agency or before any self-regulatory body, including service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court, provided that the requester provides a copy of the court order;
(5) for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities or antifraud activities. If the person requesting access is an agent of an insurance company, the requester must provide the insurance company’s name;
(6) for use in providing notice to the owners of towed or impounded recreational vehicles or watercraft. The person requesting access must provide the name, address, and telephone number of the entity that requested that the recreational vehicle or watercraft be towed;
(7) for use by any licensed private investigative agency or licensed security service for any purpose permitted under this section, provided that the person provides a copy of a valid license; or
(8) where the use is related to the physical safety or security of operators, vehicles, pedestrians, or property.
The commissioner must not disclose data under this paragraph if the commissioner concludes that the requester is likely to use the data for an improper purpose or other purpose not authorized by this paragraph.
Subdivision 1. Proof of age.
(a) A technician shall require proof of age from clients who state they are 18 years of age or older before performing any body art procedure on a client. Proof of age must be established by one of the following methods:
(1) a valid driver’s license or identification card issued by the state of Minnesota or another state that includes a photograph and date of birth of the individual;
(2) a valid military identification card issued by the United States Department of Defense;
(3) a valid passport;
(4) a resident alien card; or
(5) a tribal identification card.
Subd. 1a. Purchase or acquisition record required.
(a) Every scrap metal dealer, including an agent, employee, or representative of the dealer, shall keep a written record at the time of each purchase or acquisition of scrap metal. The record must include:
(1) an accurate account or description, including the weight if customarily purchased by weight, of the scrap metal purchased or acquired;
(2) the date, time, and place of the receipt of the scrap metal purchased or acquired;
(3) the name and address of the person selling or delivering the scrap metal;
(4) the number of the check or electronic transfer used to purchase the scrap metal;
(5) the number of the seller’s or deliverer’s driver’s license, Minnesota identification card number, or other identification document number of an identification document issued for identification purposes by any state, federal, or foreign government if the document includes the person’s photograph, full name, birth date, and signature; and
(6) the license plate number and description of the vehicle used by the person when delivering the scrap metal, and any identifying marks on the vehicle, such as a business name, decals, or markings, if applicable.
Raises the threshold to $100 for the prize above which the licensed organization must require identification of the winner.
Subd. 3. Proper identification.
A report submitted by a supplier or purchaser under this section must include:
- the purchaser’s driver’s license number or state identification number and residential or mailing address other than a post office box number taken from the purchaser’s driver’s license or state identification card, if the purchaser is not an authorized agent;
- the motor vehicle license number of the motor vehicle operated by the purchaser at the time of sale, if the purchaser is not an authorized agent;
- a complete description of how the precursor substance will be used, if the purchaser is not an authorized agent;
- a letter of authorization from the business for which the precursor substance is being furnished, including the state tax identification number and address of the business, a full description of how the precursor substance is to be used, and the signature of the authorized agent for the purchaser;
- the signature of the supplier as a witness to the signature and identification of the purchaser;
- the type and quantity of the precursor substance;
- the method of delivery used; and
- the complete name and address of the supplier.
Subd. 4. Retention of records.
A supplier shall retain a copy of reports filed under subdivisions 1, 2, and 2a for five years. A purchaser shall retain a copy of reports filed under subdivisions 1a and 2a for five years.