Can you scan an ID in North Carolina?

North Carolina law regulates a business’s ability to scan IDs and to retain 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 and . ID scanning can improve the ease and accuracy of record keeping in these scenarios.

Overview of North Carolina ID Scanning Laws

North Carolina law requires the Division of Motor Vehicles to establish and operate an “electronic system” that can be used by retailers and alcohol sellers (ABC permit holders) to verify the validity of a consumer’s ID and the date of birth in order to prevent use of fictitious IDs used for purchasing age-restricted products or committing crimes.  The businesses may retain information obtained through such verification as is necessary to provide evidence that the consumer’s ID was validated or age verified.  “Electronic system” is not specifically defined but appears broad enough to consist of a scanning system used by retailers and alcohol sellers.  To the extent “electronic system” is limited to a central database maintained by the Division of Motor Vehicles, and the applicable statute regulates only issues associated with a business’s access to such database (through a website, for instance), a business’s ability to scan IDs would not be regulated.  

Other than for the purposes stated above, retailers and alcohol sellers are not allowed to collect, retain, transfer, or disclose any information obtained through the electronic system.

While the language of the applicable statute is not clear, businesses are likely allowed to scan IDs for the purpose of preventing (i) unauthorized purchase of age-restricted goods or (ii) commission of crimes, and information so obtained may be retained to establish evidence that the consumer’s ID was validated or the consumer’s age was verified.  For all other purposes, businesses are unlikely allowed to scan IDs or retain information obtained from such scans.

To the extent the “electronic system” subject to the applicable statute does not include a scanning system used by businesses, there would be no North Carolina law regulating a business’s ability to scan IDs and to retain information obtained from a scan.

Penalty:  Class 2 misdemeanor.

Does North Carolina offer affirmative defense for ID scanning?

Yes. North Carolina offers affirmative defense for ID scanning for both tobacco and alcohol sales.

§ 20-37.02 – 02. Verification of drivers license information.

20-37.02. Verification of drivers license information.

(a) The Commissioner shall establish and operate an electronic system that can be used to verify drivers licenses and identification cards issued by the Division and the dates of birth on these documents in order to facilitate access to drivers license information by retailers and persons holding ABC permits to prevent the utilization of fictitious identification for the purpose of underage purchases of certain age-restricted products or to commit certain crimes.

(b) The electronic system established and operated by the Commissioner pursuant to subsection (a) of this section shall allow a retailer, as defined in G.S. 105-164.3(14), a person who holds an ABC permit, as defined in G.S. 18B-101(2), or an agent of the retailer or a person holding an ABC permit, to verify the validity of a drivers license or identification card issued by the Division and the date of birth of the person issued the drivers license or identification card. The Commissioner shall make drivers license and identification card information available in a read-only format, and the information to be made available shall not exceed the information contained on the face of the drivers license. The Division shall not keep a record of the inquiry. The retailer or a person holding an ABC permit may retain such information as is necessary to provide evidence that the person’s drivers license or identification card was validated or that the person’s age was verified. A retailer or permittee shall agree to comply with the requirements of this section prior to using the system.

(c) Except for purposes allowed in this section, a person using the electronic system established in accordance with subsection (a) of this section shall not collect or retain any information obtained through the use of the electronic system, nor transfer or make accessible to a third party any information obtained through an inquiry permitted under this section. A violation of the provisions of this subsection shall be punished as a Class 2 misdemeanor.

(d) A retailer or permittee using the electronic system established pursuant to this section shall be responsible for the costs of the equipment and communication lines approved by the Division needed by the retailer or permittee to access the system.

(e) The establishment and operation of an electronic system pursuant to this section may be funded through grants received from the State, the federal government, a private entity, or any other funding source made available to the Drivers License Technology Fund. All funds obtained through grants to the Fund shall be remitted to the State Treasurer to be held in the Drivers License Technology Fund established in G.S. 20-37.01. (2001-461, s. 4.)

North Carolina Statute § 18B-302. Sale to or purchase by underage persons [alcohol]

d) Defense. – It is a defense to a violation of subsection (a) of this section if the seller does any of the following:

• Shows that the purchaser produced a driver’s license, a special identification card issued under G.S. 20-37.7 or issued by the state agency of any other state authorized to issue similar official state special identification cards for that state, a military identification card, or a passport, showing the purchaser’s age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the purchaser.

• Produces evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.

• Shows that at the time of purchase, the purchaser utilized a biometric identification system that demonstrated (i) the purchaser’s age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller’s agent a drivers license, a special identification card issued under G.S. 20-37.7 or issued by the state agency of any other state authorized to issue similar official state special identification cards for that state, a military identification card, or a passport showing the purchaser’s date of birth and bearing a physical description of the person named on the document.

Fraudulent Use of Identification. – It is unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following:(1) A fraudulent or altered drivers license.(2) A fraudulent or altered identification document other than a drivers license.(3) A drivers license issued to another person.(4) An identification document other than a drivers license issued to another person.(5) Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section.(f) Allowing Use of Identification. – It is unlawful for any person to permit the use of the person’s drivers license or any other form of identification of any kind issued or given to the person by any other person who violates or attempts to violate subsection (b) of this section.

North Carolina Senate Bill 530. An Act to prohibit the distribution of tobacco-derived products and vapor products to minors.

A person engaged in the sale of tobacco products or cigarette wrapping papers shall demand proof of age from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser is under 18 years of age. Failure to demand proof of age as required by this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 years of age. Retail distributors of tobacco products or cigarette wrapping papers shall train their sales employees in the requirements of this law. Proof of any of the following shall be a defense to any action brought under this subsection:

(1)        The defendant demanded, was shown, and reasonably relied upon proof of age in the case of a retailer, or any other documentary or written evidence of age in the case of a nonretailer.

(2)        The defendant relied on the electronic system established and operated by the Division of Motor Vehicles pursuant to G.S. 20-37.02.

(3)        The defendant relied on a biometric identification system that demonstrated (i) the purchaser’s age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller’s agent a drivers license, a special identification card issued under G.S. 20-377.7, a military identification card, or a passport showing the purchaser’s date of birth and bearing a physical description of the person named on the card.

(b2)      Internet distribution of tobacco products. – A person engaged in the distribution of tobacco products through the Internet or other remote sales methods shall perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process to establish that the individual ordering the tobacco products is 18 years of age or older.

North Carolina House Bill 8. Relating to age verification on websites with harmful material

Signed by Governor 09/29/2023; Ch. SL 2023-132 on 10/02/2023. Effective Jan. 1, 2024

Age verification required.—Any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of such material shall, through use of (i) a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification, or (ii) another commercially reasonable method of age and identity verification, verify the age of the individuals attempting to access the material.

(b) No data retention.—Any commercial entity, or third party that performs the required age verification on behalf of the commercial entity, shall not retain any identifying information of the individual after access has been granted to the material.

(c) Civil liability.—Any commercial entity, or third party that performs the required age verification on behalf of the commercial entity, shall be subject to civil liability for any violation of this section.

(d) Cause of Action.—A civil action may be brought against any commercial entity, or third party that performs the required age verification on behalf of the commercial entity, that violates this section by any of the following:

(1) A parent or guardian whose minor was allowed access to the material.

(2) Any person whose identifying information is retained in violation of this section.

(e) Relief and damages—Any person authorized to institute a civil action by subsection (d) of this section may seek and a court may award any or all of the following types of relief:

(1) An injunction to enjoin continued violation of this section.

(2) Compensatory and punitive damages.

(3) All costs, expenses, and fees related to the civil suit investigation and proceedings associated with the violation, including attorney’s fees.

§ 66-421.  Required records and receipts for regulated [scrap] metals transactions.

(a)        Receipt Required. – A secondary metals recycler shall issue a receipt for all purchase transactions in which the secondary metals recycler purchases regulated metals property. This receipt shall be issued to and signed by the person delivering the property, and the secondary metals recycler shall be able to provide documentation regarding the employee who completed the transaction.

(b)        Records Required. – A secondary metals recycler shall maintain an electronic record of all purchase transactions in which the secondary metals recycler purchases regulated metals property. The record of each transaction shall contain the following information:

(1)        The name and address of the secondary metals recycler.

(2)        The name, initials, or other identification of the individual entering the information.

(3)        The date of the transaction.

(4)        The weight of the regulated metals property purchased.

(5)        The description made in accordance with the custom of the trade of the type of regulated metals property purchased and the physical address where the regulated metals were obtained by the seller and the date when purchased, and a statement signed by the seller or the seller’s agent certifying that the seller or the seller’s agent has the lawful right to sell and dispose of the property.

(6)        The amount of consideration given for the regulated metals property.

(7)        The name and address of the vendor of the regulated metals property and the license plate number, make, model, and color of the vehicle used to deliver the regulated metals.

(8)        A photocopy or electronic scan of the unexpired drivers license or state or federally issued photo identification card of the person delivering the regulated metals property to the secondary metals recycler. If the secondary metals recycler has a copy of the valid photo identification of the person delivering the regulated metals property on file, the secondary metals recycler must examine the photo identification and verify that it has not expired, but may reference the photo identification that is on file without making a separate photocopy or electronic scan for each subsequent transaction. If the person delivering the regulated metals property does not have an unexpired drivers license or an unexpired state or federally issued photo identification card, the secondary metals recycler shall not complete the transaction.

(9)        A copy of the receipt required under subsection (a) of this section when all the information required under subsection (a) of this section is clear and legible or, in the event the copy of the receipt is not clear or not legible, the original receipt.

(10)      A video or digital photograph of the seller together with the regulated metals property being delivered by the seller. The video or photograph required by this section shall be of a quality that is sufficient to allow a person of ordinary faculties to identify the person recorded or photographed.

(11)      In transactions involving catalytic converters that are not attached to a vehicle, and central air conditioner evaporator coils or condensers, the person delivering the materials shall place next to that person’s signature on the receipt required under subsection (a) of this section, a clear impression of that person’s index finger that is in ink and free of any smearing. A secondary metals recycler may elect to obtain the fingerprint electronically. If the secondary metals recycler has a copy of the fingerprint of the person delivering the nonferrous metal on file, the secondary metals recycler must examine the photo identification, but may reference the fingerprint that is on file without making a separate fingerprint for each subsequent transaction. If a secondary metals recycler purchases a catalytic converter pursuant to G.S. 66-424(a)(3a), then the secondary metals recycler shall make and retain a copy of all documentation provided to and relied upon by the secondary metals recycler in determining the status of the seller of the catalytic converter.  (2012-46, s. 28; 2021-154, s. 2.)

North Carolina. § 20-62.1.  Purchase of vehicles for purposes of scrap or parts only.

a)        Records for Scrap or Parts. – A secondary metals recycler, as defined in G.S. 66-420(8), and a salvage yard, as defined in G.S. 20-137.7(6), purchasing motor vehicles solely for the purposes of dismantling or wrecking such motor vehicles for the recovery of scrap metal or for the sale of parts only, shall comply with the provisions of G.S. 20-61 and subsection (a1) of this section, provided, however, that a secondary metals recycler or salvage yard may purchase a motor vehicle without a certificate of title, if the motor vehicle is 10 model years old or older and the secondary metals recycler or salvage yard comply with the following requirements:

(1)        Maintain a record on a form, or in a format, as approved by the Division of Motor Vehicles (DMV) of all purchase transactions of motor vehicles. The following information shall be maintained for transactions of motor vehicles:

a.         The name, address, and contact information of the secondary metals recycler or salvage yard.

b.         The name, initials, or other identification of the individual entering the information.

c.         The date of the transaction.

d.         A description of the motor vehicle, including the year, make, and model to the extent practicable.

e.         The vehicle identification number (VIN) of the vehicle.

f.          The amount of consideration given for the motor vehicle.

g.         A written statement signed by the seller or the seller’s agent certifying that (i) the seller or the seller’s agent has the lawful right to sell and dispose of the motor vehicle, (ii) the motor vehicle is at least 10 model years old, and (iii) the motor vehicle is not subject to any security interest or lien.

g1.       A written statement that the motor vehicle will be scrapped or crushed for disposal or dismantled for parts only.

h.         The name, address, and drivers license number of the person from whom the motor vehicle is being purchased.

i.          A photocopy or electronic scan of a valid drivers license or identification card issued by the DMV of the seller of the motor vehicle, or seller’s agent, to the secondary metals recycler or salvage yard, or in lieu thereof, any other identification card containing a photograph of the seller as issued by any state or federal agency of the United States: provided, that if the buyer has a copy of the seller’s photo identification on file, the buyer may reference the identification that is on file, without making a separate photocopy for each transaction. If seller has no identification as described in this sub-subdivision, the secondary metals recycler or salvage yard shall not complete the transaction.