Overview of Montana ID scanning laws
Montana has 6 laws which we consider relevant to ID verification, in addition to other laws which may related to age verification, identity verification, KYC, privacy, and biometrics.
Can you scan IDs in Montana?
Yes. There are no laws prohibiting or regulating the electronic scanning of an ID in Montana.
Can you save data from a scanned ID in Montana?
Yes, but in some cases Montana regulates the length for which PII obtained from an ID scan can be retained.
Does Montana offer affirmative defense for ID scanning?
No. Montana has no affirmative defense laws related to ID scanning.
What types of IDs does Montana issue?
Montana issues drivers licenses and state IDs, including REAL ID.
Individual Montana ID verification laws
Age verification for alcohol sales
Montana requires that businesses check ID, but does not require electronic scanning or verification for alcohol sales.
Fake or borrowed IDs
In Montana, it is a misdemeanor to transfer, forge, alter, or counterfeit any identification document to a minor for the purpose of obtaining alcohol.
ID scanning tobacco sales
Montana requires that businesses check ID, but does not require electronic scanning or verification for tobacco sales.
ID scanning for ephedrine and pseudoephedrine
Pharmacists must submit the purchaser’s name, address, date of birth, and ID type, along with the date and time of purchase, when issuing ephedrine or pseudoephedrine.
ID scanning for cannabis
Montana requires that businesses check ID, but does not require electronic scanning or verification for cannabis sales.
Age verification for pornography
This bill would require age verification for any website that publishes material considered “harmful to minors.” This bill is part of an ongoing federal lawsuit.
Data privacy laws in Montana
Montana became the ninth state in the U.S. to enact comprehensive data privacy legislation, the Montana Consumer Data Privacy Act (MTCDPA). The MTCPDA applies to businesses that control or process personal data of at least 50,000 Montana consumers or at least 25,000 if the business derives over 25% of revenue from the sale of Montana consumers’ personal data.
The MTCPDA provides individual consumer rights, including the right to access, correct, delete, and obtain a copy of their personal data, as well as opt-out of the selling or sharing of their personal data.
Montana requires that information collected from an ID scan for the sale of age-restricted items be permanently deleted within 180 days.
