Can you scan an ID in South Dakota?

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

Overview of South Dakota 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 South Dakota offer affirmative defense for ID scanning?

No.

South Dakota Law. 32-5-147. Disclosure on proof of identity of requestor and representation of use for certain limited purposes.

Personal information may be disclosed to any person by the department on proof of the identity of the person requesting the record and representation by such person that the use of the personal information will be strictly limited to the following described uses:

1. For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a government agency in carrying out its functions;
2. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only under the following circumstances:

(a)    To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and

(b)    If such information as submitted is not correct or is no longer correct, to obtain the correct information for the purposes of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against, the individual;

1. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of any court;
2. For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals;
3. 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, anti- fraud activities, rating, or underwriting;
4. For use in providing notice to the owners or lienholders of towed or impounded vehicles;
5. For use by any licensed private investigative agency or licensed security service for any purpose permitted under this section;
6. For use in connection with the operation of private toll transportation facilities;
7. For any other use specifically authorized under the law of the state that holds the record, if such use is related to the operation of a motor vehicle or public safety.

South Dakota 35-9-1.3. Sale of alcoholic beverage to underaged person based on false identification document–Conviction barred.

No person may be convicted of illegally selling any alcoholic beverage to any underage person pursuant to § 35-9-1 or 35-9-1.1, if the underage person was in possession of, and the seller relied upon, any false age-bearing identification document that was furnished to the underage person by any state agency or local law enforcement agency or any agent, employee, contractor, or associate of any state agency or local law enforcement agency for the purpose of attempting to illegally purchase any alcoholic beverage.

South Dakota House Bill 1257. Relating to age verification on websites containing harmful to minors

Reasonable age verification,” any reliable and accurate method by which a covered platform confirms that an individual attempting to access material harmful to minors is eighteen years of age or older by verifying any means of identification, including:

(a) A state-issued driver or non-driver identification card;

(b) A military identification card;

(c) Bank account information; or

(d) Credit or debit card information, except cards that do not require the individual in ownership of the account to be eighteen years of age or older;