Can you scan IDs in Wisconsin?
Wisconsin 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 sale of controlled substances and scrap metal recycling. ID scanning can improve the ease and accuracy of record keeping in these scenarios.
Overview of Wisconsin 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.
Wisconsin Senate Bill 433. Prohibition of municipal ID scanning for alcohol purchases
Effective 04/10/14
This bill prohibits municipalities from providing to alcohol beverages retail licensees any device capable of scanning a driver’s license or identification card issued by the Department of Transportation.
Wisconsin Assembly Bill 127. Relating to scanning IDs during alcohol delivery.
Would require an individual making a delivery of alcohol beverages to examine a customer’s identification and verify visually and by using electronic scanning technology. This has not been passed yet, but a fiscal estimate was received on 04/06/23.
Wisconsin Senate Bill 130 has similar language and requirements for ID scanning upon the delivery of alcohol. The fiscal estimate for this bill was received on 04/07/23.
Wisconsin Assembly Bill 368. Relating to transfer of firearms ownership.
Introduced 07/27/2023; referred to Assembly Committee on Criminal Justice and Public Safety. 08/21/2023 – Fiscal Estimate Received.
Would require all transfers of ownership of firearms to be conducted by licensed dealers, and would require dealers to transmit the transferee’s name, date of birth, gender, race, and Social Security number, and other identification necessary to permit an accurate firearms restrictions record search by the Department of Justice.
Wisconsin Senate Bill 441. Relating to identification presentation for certain prescription drugs
Introduced 09/20/23; Read first time and referred to Committee on Health 09/20/23.
Current Wisconsin law provides that a schedule II or III controlled substance may not be dispensed unless the person who is picking up he drug shows his or her identification card. Acceptable forms of identification include a driver’s license, a state identification card, a U.S. uniformed service card, or a U.S. passport. Current law further requires that the name on the identification cared of the person to whom the controlled substance is dispensed be recorded in the state’s prescription drug monitoring program. This bill adds an identification card or document issued by a foreign government and bearing a photograph as an acceptable form of identification for the aforementioned purposes.
Wisconsin Assembly Bill 445. Relating to identification presentation and monitoring for certain prescription drugs.
Introduced 09/28/2023. Fiscal estimate received 10/3/2023.
d) A pharmacist is immune from any civil or criminal liability and from discipline under for any act taken by the pharmacist in reliance on an identification card that the pharmacist reasonably believed was authentic and displayed the name of the person to whom the drug was being delivered if the sale was made in good faith.