Washington ID Scanning Laws & Regulations

Washington sample drivers license

Can you scan IDs in Washington?

Washington law does not regulate a business’s practice of scanning IDs or retaining 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 vehicle rentals. ID scanning can improve the ease and accuracy of record keeping in these scenarios.

Overview of Washington ID Scanning

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. 

Washington. RCW. 66.44.310. Minors frequenting off-limits area—Misrepresentation of age

(1) Except as otherwise provided by RCW 66.44.31666.44.350, and 66.24.590, it shall be a misdemeanor:

(a) To serve or allow to remain in any area classified by the board as off-limits to any person under the age of twenty-one years;

(b) For any person under the age of twenty-one years to enter or remain in any area classified as off-limits to such a person, but persons under twenty-one years of age may pass through a restricted area in a facility holding a spirits, beer, and wine private club license;

(c) For any person under the age of twenty-one years to represent his or her age as being twenty-one or more years for the purpose of purchasing liquor or securing admission to, or remaining in any area classified by the board as off-limits to such a person.

(2) The Washington *state liquor control board shall have the power and it shall be its duty to classify licensed premises or portions of licensed premises as off-limits to persons under the age of twenty-one years of age.

Unlawful transfer to minor of age identification.

Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such minor to obtain alcoholic beverages shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community restitution shall require not fewer than twenty-five hours of community restitution: PROVIDED, That corroborative testimony of a witness other than the minor shall be a condition precedent to conviction.

Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card—Penalty.

No person may forge, alter, counterfeit, otherwise prepare or acquire and supply to a person under the age of twenty-one years a facsimile of any of the officially issued cards of identification that are required for presentation under *RCW 66.16.040. A violation of this section is a gross misdemeanor punishable as provided by RCW 9A.20.021 except that a minimum fine of two thousand five hundred dollars shall be imposed.

Washington Senate Bill 6179. Relating to biometric age verification by liquor licensees

Returned to Senate Rules Committee, 03/07/2024

A biometric age verification system may for the purpose of this title and for the purpose of procuring liquor, be relied upon by any licensee as evidence of legal age of the person using the biometric age verification system, provided the licensee complies with the conditions and procedures prescribed herein and such regulations as may be made by the board.

A biometric age verification system must: (i) Use a biometric system; (ii) Use an electronic authorization process and processes to verify the validity of a card of identification and the identity of the holder of such card of identification;

Washington RCW 46.20.220. Vehicle Rentals – records

(3) Every person renting a motor vehicle to another person shall keep a record of the vehicle license number of the motor vehicle so rented, the name and address of the person to whom the motor vehicle is rented, the number of the vehicle driver’s license of the person renting the vehicle and the date and place when and where such vehicle driver’s license was issued. Such record shall be open to inspection by any police officer or anyone acting for the director.

Washington HB 1623 Concerning secondhand dealers utilizing automated kiosks to purchase secondhand electronic devices.

Property bought by any secondhand dealer through the use of an automated kiosk must be held for at least thirty days after the secondhand property was accepted by the automated kiosk.

Washington House Bill 1616. An act relating to creating a charter of people’s personal data rights.

An individual residing in Washington state has rights with regard to the individual’s personal information including:

  • The right to know what personal information a covered entity processes about the individual.
  • The right to access and obtain the individual’s personal information processed by a covered entity, in a machine-readable format.
  • The right to refuse consent for any processing of the individual’s captured personal information that is not essential to the primary transaction.
  • The right to correct inaccurate personal information.
  • The right to require a covered entity and/or data processor to delete all captured information, unless the entity capturing the information is otherwise instructed by law.
  • The right not to be subject to surreptitious surveillance.