New Hampshire ID Scanning Laws & Regulations

Can you scan an ID in New Hampshire?

No. New Hampshire is the only US state which explicitly prohibits most instances of ID scanning.

Law SB311 is currently in legislative review which would reverse this, and allow ID scanning in New Hampshire.

Overview of New Hampshire ID Scanning Laws

New Hampshire law prohibits anyone from knowingly scanning, recording, retaining, or storing in electronic format personal information obtained from a driver’s license, unless authorized by the New Hampshire DMV. 

A business is deemed to have received authorization (“Safe Harbor”) for scanning as long as the following conditions are satisfied.

1. The scanner does not visibly identify personal information other than driver’s license number and name; and
2. The scanner does not retain, store (whether locally or remotely), or transfer personal information other than driver’s license number and name.

New Hampshire law expressly allows anyone to obtain “personal information” from the front of a driver’s license in non-electronic format, as long as the license holder’s consent is obtained. This means that information visible to the naked eye can be hand keyed or written.

 “Personal information” means “information in motor vehicle records that identifies a person, including a person’s photograph or computerized image, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information.”

As long as the conditions applicable to electronic retention of personal information are satisfied, a business is likely allowed to scan IDs and retain information from a scan for loyalty enrollment, credit application, check acceptance, refunds, and customer pickup of purchased merchandise.  In the case of access control at distribution centers, a business is likely allowed to scan, for instance, a truck driver’s license as long as the scan results in no more than the driver’s name and license number being visibly identified and retained, but retention of any other personal information is likely disallowed. 

Does New Hampshire offer affirmative defense for ID scanning?

Not currently. However there is proposed legislation that speaks to affirmative defense in some scenarios.

New Hampshire Statute. Drivers Licenses Section 263.12 Prohibitions

•  It shall be a misdemeanor for any person to:
•     I. Display or cause or permit to be displayed any revoked, suspended, fictitious or fraudulently altered driver’s license or permit.
•     II. Lend his driver’s license or permit to any other person or knowingly permit the unlawful use thereof by another.
•     III. Display or represent as one’s own any driver’s license or permit not issued to him by proper authority.
•     IV. Fail or refuse to surrender to a member of the department upon his lawful demand any driver’s license or permit which has been suspended, revoked or cancelled.
•     V. Use a fictitious or false name in any application for a driver’s license or permit or knowingly make a false statement, or knowingly conceal a material fact or otherwise commit a fraud in any such application.
•     VI. Manufacture, advertise for sale, sell, or possess any fictitious, facsimile or simulated license to drive a motor vehicle.
•     VII. Photograph, photostat, duplicate, or in any manner reproduce any license to drive a motor vehicle or facsimile thereof in such a manner that it could be mistaken for a valid license, or have in his possession any such photograph, photostat, duplicate, reproduction or facsimile unless specifically authorized by the director.
•     VIII. Manufacture, advertise for sale, sell, or possess any fictitious, facsimile or simulated non-driver’s identification card provided under RSA 260:21.
•     IX. Photograph, photostat, duplicate, or in any manner reproduce any official non-driver’s identification card or facsimile thereof, in such a manner that it could be mistaken for a valid identification card issued under RSA 260:21, or have in his possession any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by the director.
•     X. Knowingly scan, record, retain, or store, in any electronic form or format, personal information, as defined in RSA 260:14, obtained from any license, unless authorized by the department. Nothing in this paragraph shall prohibit a person from transferring, in non-electronic form or format, personal information contained on the face of a license to another person, provided that the consent of the license holder is obtained if the transfer is not to a law enforcement agency. Notwithstanding any other provision of law, any person selling alcohol or tobacco who uses due diligence in checking identification to prevent unauthorized sales and purchases of alcohol and tobacco shall not be held responsible for the acceptance of fraudulent identification. Where due diligence is exercised on the part of the seller, the unauthorized purchaser shall be liable for any penalty or fine resulting from the unauthorized sale.

New Hampshire Code R. Saf-C 5606.06 Safe Harbor for ID Scanning – Scanning

A business is deemed to have received authorization for scanning as long as the following conditions are satisfied.

1. The scanner does not visibly identify personal information other than driver’s license number and name; and
2. The scanner does not retain, store (whether locally or remotely), or transfer personal information other than driver’s license number and name.

Safe Harbor – Retention

Financial institutions, insurance companies, and motor-vehicle-related businesses*:  These specific businesses are deemed to have received authorization for recording, retaining, or storing as long as the following conditions are satisfied.

1. Personal information is obtained for use in the conduct of the business (a) to verify the identity of the consumer or (b) to prevent fraud;
2. Personal information is not sold, rented, transferred, or made available to another in violation of applicable privacy laws;
3. Personal information is not used to create, combine, or link with any other data on any database of the financial institution, insurance company, or motor-vehicle-related business that is sold, rented, transferred, or made available to another in violation of applicable privacy laws; and
4. The business is in compliance with applicable federal laws, including HIPAA, USA Patriot Act, Gramm-Leach-Bliley Act, and Fair Credit Reporting Act. 

*Motor-vehicle-related businesses include those receiving compensation in connection with matters of motor vehicle or driver safety or theft, motor vehicle emissions, and motor vehicle market research activities, including survey research.

General businesses

Any business entity in good standing and authorized to do business in New Hampshire is deemed to have received authorization for recording, retaining, storing, and transmitting to another business entity as long as the following conditions are satisfied.

1. Conditions applicable to financial institutions, insurance companies, and motor-vehicle-related businesses (above) are satisfied;
2. Consent of the license holder is obtained; and
3. Personal information is obtained for one of the following purposes:

a. To effect, administer, or enforce a transaction requested or authorized by the license holder;

b. In connection with servicing or processing payment for a product or service requested or authorized by the license holder; or

c. For employment screening, so long as the personal information is not transferred, combined, or linked with any other data on any database not controlled exclusively by the employer. 

Penalty:  Misdemeanor.

New Hampshire Bill SB311. Resolution to allow ID scanning.

March 2022. Currently in review.

1  Drivers’ Licenses; Prohibitions; Retention of Driver’s License Information; When Permitted.  Amend RSA 263:12, X to read as follows:

X.  Knowingly scan, record, retain, or store, in any electronic form or format, personal information, as defined in RSA 260:14, obtained from any license, unless authorized by the department.

(a)  Nothing in this paragraph shall prohibit a person from transferring, in non-electronic form or format, personal information contained on the face of a license to another person, provided that the consent of the license holder is obtained if the transfer is not to a law enforcement agency.

(b) Notwithstanding any other provision of law, any person selling alcohol or tobacco who uses due diligence in checking identification to prevent unauthorized sales and purchases of alcohol and tobacco shall not be held responsible for the acceptance of fraudulent identification.  Where due diligence is exercised on the part of the seller, the unauthorized purchaser shall be liable for any penalty or fine resulting from the unauthorized sale.

(c)  This paragraph shall not prohibit the scanning, recording, retaining, or storing of such information in electronic form collected with the license holder’s consent as part of a sale of merchandise to a pawnbroker or other secondhand dealer, and submission of such information to law enforcement databases for the sole purpose of identifying sellers of stolen merchandise.  The pawnbroker or secondhand dealer shall not retain the scanned information in electronic form transmitted to a law enforcement database, unless required by local regulation, and shall not furnish the information to anyone except a law enforcement officer.  The pawnbroker or secondhand dealer may maintain in a log or other document the name and address of the person whose license was scanned along with a description of the items the individual sold, pawned, or purchased, and shall allow such log or document to be examined by a law enforcement official upon request.

(d)  Nothing in this paragraph shall prohibit the scanning, photocopying, recording, retaining, or storing of the image obtained from any driver’s license or nondriver’s identification card collected with the driver’s license or nondriver’s identification card holder’s consent for motor vehicle related business purposes, provided that:

(1)  Such practice and uses are expressly disclosed to the holder of the driver’s license or nondriver’s identification card;

(2)  The motor vehicle related business shall retain the image of the driver’s license or nondriver’s identification card in a secure manner and shall not include the retained image in the customer’s business record;

(3)  The holder may request the removal of the driver’s license or nondriver’s license identification card image from the motor vehicle related business’s system at any time; however refusal by the motor vehicle related business to remove the image is acceptable should an active investigation or legal action concerning the holder be underway; and

(4)  The motor vehicle related business shall not sell, rent, transfer, or make the image available to another person or entity for the same or for any other use unless necessary to finalize the business transaction.

(e)  Nothing in this paragraph shall prohibit the scanning, photocopying, recording, retaining, or storing of the image obtained from any driver’s license or nondriver’s identification card collected with the driver’s license or nondriver’s identification card holder’s consent for healthcare business purposes, provided that:

(1)  Such practice and uses are expressly disclosed to the holder of the driver’s license or nondriver’s identification card prior to obtaining consent;

(2)  There is no consequence to the holder who declines to provide such consent;

(3)  Consent is obtained on a form signed or acknowledged by the holder;

(4)  The healthcare provider shall retain the image of the driver’s license or nondriver’s identification card in a secure manner and shall not include the retained image in the patient’s legal medical record;

(5)  The holder may request the removal of the driver’s license or nondriver’s license identification card image from the healthcare provider’s system at any time; however refusal by the healthcare provider to remove the image is acceptable should an active investigation or legal action concerning the holder be underway; and

(6)  The healthcare provider shall not sell, rent, transfer, or make the information available to another person or entity for the same or for any other use.

New Hampshire Statute. Title XIII. Alcoholic Beverages. Person misrepresenting age

179:9 Person Misrepresenting Age. –

A person who falsely represents his age for the purpose of procuring liquor or beverage and who procures such liquor or beverage shall be guilty of a misdemeanor. Any person who violates any of the provisions of this section shall be fined for his first offense a minimum of $500. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. A second or subsequent offense shall carry a $1,000 minimum fine.

Notwithstanding paragraph I or any other law to the contrary, any person who possesses or uses or displays in any manner a false identification card, document, license, or any other document which represents such person’s age for the purpose of purchasing liquor, beverages, or beer as defined in RSA 175:1 by the bottle, can, glass, container, or drink in any manner shall be fined a minimum of $500. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. The provisions of this paragraph do not reduce the maximum penalty which could be imposed for such an offense pursuant to paragraph I. A second or subsequent offense shall carry a $1,000 minimum fine.

An identification card issued under the provisions of RSA 260:21 shall be withdrawn for violation of this section for 90 days. In addition, the director of the division of motor vehicles shall withdraw, for 90 days, the identification card of any person who allows his card to be used or displayed by another person for the purpose of purchasing liquor or beverages as defined in RSA 175:1.

New Hampshire Statute. Title XIII. Manufacture, Sale, and Possession of False Identification.

No person shall knowingly manufacture, sell, advertise for sale, solicit orders for, deliver or cause to be delivered, or produce in any manner any photographic identification card that purports to be an official document issued by a local, state, or federal government, or any political subdivision thereof, which contains false or inaccurate information regarding the name, address, date of birth, or height and weight characteristics of the cardholder. A person who violates this paragraph shall be guilty of:
(a) A misdemeanor.
(b) A class B felony if such person has had 2 or more prior convictions in this state or another state for the conduct described in this paragraph.
(c) A class B felony if such person is engaged in the business of manufacturing, selling, advertising for sale, soliciting orders for, delivering, or causing to be delivered photographic identification cards in violation of this paragraph.
In this section, “engaged in the business” means manufacturing, selling, advertising for sale, soliciting orders for, delivering, or causing to be delivered 5 or more photographic identification cards in violation of paragraph I.
No person shall possess a photographic identification card that purports to be an official document issued by a local, state, or federal government, or any political subdivision thereof, which contains false or inaccurate information regarding the name, address, date of birth, or height and weight characteristics of the card holder. Any person who violates this paragraph shall be guilty of a misdemeanor.
Interests in any tools, instruments, computer or computerized records, products, and equipment of any kind, or other paraphernalia used in the manufacture, sale, advertising for sale, delivery, or solicitation of any order for sale, of a false identification card, shall, upon petition of the attorney general, be subject to forfeiture to the state and shall be vested in the state.

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