Can you scan IDs in Washington D.C.?
The District of Columbia law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan.
Overview of Washington D.C. 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 Washington D.C. offer affirmative defense for ID scanning?
In some cases. Washington D.C. references affirmative defense for tobacco sales. There is no reference to affirmative defense for ID scanning for alcohol purchases in Washington D.C. code.
Washington D.C Code. Section 25-1002 Alcoholic Beverage Regulation. Purchase, possession, or consumption by persons under 21, misrepresentation of age, penalties
No person who is under 21 years of age shall purchase, attempt to purchase, possess, or drink an alcoholic beverage in the District, except as provided under subchapter IX of Chapter 7.
(1) No person shall falsely represent his or her age, or possess or present as proof of age an identification document which is in any way fraudulent, for the purpose of purchasing, possessing, or drinking an alcoholic beverage in the District.
No person shall present a fraudulent identification document for the purpose of entering an establishment possessing an on-premises retailer’s license, an Arena C/X license, or a temporary license.
For the purpose of determining valid representation of age, each person shall be required to present to the establishment owner or representative at least one form of valid identification, which shall have been issued by an agency of government (local, state, federal, or foreign) and shall contain the name, date of birth, signature, and photograph of the individual.
Washington D.C. Code. Section 7-1721.02. Human Health Care & Safety. Sale of tobacco to minors under 18 years of age
a No person shall sell, give, or furnish any cigarette or other tobacco product to, or purchase any cigarette or other tobacco product on behalf of, any person under 18 years of age.
b(1) Any person who sells any cigarette or other tobacco product and who has reasonable cause to believe that a person who attempts to purchase the product is under 27 years of age shall require that the purchaser present identification that indicates his or her age.
2 It shall be an affirmative defense to a violation of paragraph (1) of this subsection that, at the time of the relevant sale, the person who attempted to purchase the product was 18 years of age or older, or presented identification to the seller that a reasonably prudent person would believe to be valid under the same or similar circumstances.
Washington D.C. Code § 28-3852. Notification of Security Breach
a Any person or entity who conducts business in the District of Columbia, and who, in the course of such business, owns or licenses computerized or other electronic data that includes personal information, and who discovers a breach of the security of the system, shall promptly notify any District of Columbia resident whose personal information was included in the breach. The notification shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (d) of this section, and with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.