Can you scan IDs in Arizona?
Yes. Arizona law does not regulate a business’s practice of scanning IDs.
Arizona does regulate a business’s retention and use of some information from IDs.
Summary of Arizona ID Scanning Laws
A retailer is allowed to retain and use information obtained from IDs only for the following purposes:
- Verifying a customer’s age
- Establishing a customer’s identity
- Confirming a customer’s license status to operate a vehicle
- Disclosing such information to another business for (i) verifying a check payment, (ii) evaluating creditworthiness, (iii) detecting or reducing the risk of fraud, abuse, identity theft or other crimes, (iv) collection activities, or (v) confirming that a customer has met the motor vehicle financial responsibility requirements.
- Disclosing such information to (a) the department of transportation, (b) insurance licensees, (c) notaries, (d) financial institutions if permitted by federal law, or (e) law enforcement agencies.
A business selling liquor is expressly authorized to use a “device” to read IDs, but the law does not elaborate on it otherwise.
While Arizona law lists specific circumstances under which information obtained from an ID may be used by a retailer, those circumstances likely allow a retailer to use such information:
- for its loyalty program enrollment (for establishing a customer’s identity)
- credit application (establishing a customer’s identity or disclosing to another business for evaluating creditworthiness)
- check acceptance (establishing a customer’s identity or disclosing to another business for verifying a check payment)
- refunds (establishing a customer’s identity or disclosing such information to another business for detecting or reducing the risk of fraud, abuse, identity theft or other crimes)
Because Arizona law appears to govern the relationship between a retailer and its customers, whether it applies to other relationships, e.g., a retailer and its truck drivers, is less clear.
There are some instances in which merchants are required to record information related to identity, such as the purchase of pseudoephedrine, sale of scrap metal, or recordkeeping for notary services. ID scanning can improve the ease and accuracy of record keeping in these scenarios.
Does Arizona offer affirmative defense for ID scanning?
Yes. Arizona law does offer affirmative defense for ID scanning in some instances of alcohol sales. See 4-241 below.
Does Arizona issue a mobile drivers license (mDL)?
Yes. Arizona offers an mDL on both Apple and Android.
44-7701. Retention of customer information; transmission to third parties prohibited; enforcement; civil penalties
A retailer may retain and use information from a customer’s driver license or other state issued identification only for the purpose of verifying the customer’s age, for the purpose of establishing a customer’s identity, for the purpose of confirming that the customer is properly licensed to operate a motor vehicle, recreational vehicle, truck or motorcycle on public roads or for the purpose of disclosing the information to any of the following:
- The department of transportation
- A person licensed pursuant to title 20
- A notary public pursuant to section 41-319.
- A business for the purpose of any of the following:
(a) Verifying a check at the point of sale for the purchase of a good or service by check.
(b) Evaluating creditworthiness.
(c) Detecting or reducing the risk of fraud, abuse, identity theft or other crimes.
(d) Conducting account collection activities.
(e) Confirming that the customer has met the motor vehicle financial responsibility requirements pursuant to section 28-4135.
5. Financial institutions, if permitted by federal law.
B. Except as provided in this section, the retailer shall not transmit the information to a third party for any purpose, except that a retailer may disclose the information to a law enforcement agency for the purposes of a law enforcement investigation.
C. This section does not prohibit the use of the information in a court proceeding or administrative proceeding.
D. This section may be enforced by either of the following:
A county attorney in the county in which the violation occurs. If a violation occurs by the same retailer in multiple counties, a county attorney in a county in which a violation of this section occurred, after filing a notice of intent to enforce this section, may send a copy of the notice to the county attorney in each county in which a violation occurred and may request that the actions be consolidated. A county attorney may obtain injunctive relief and recover costs, attorney fees and the penalties prescribed in subsection E of this section.
Amending Sections 4-101, 4-201.01 and 4-205.02, Arizona Revised statutes; Relating to liquor.
Arizona has changed the definitions related to a Biometric Identity Verification Device” to allow for previously scanned or verified customers to be considered verified upon a new scan.
4-241. Selling or giving liquor to underage person; illegally obtaining liquor by underage person; violation; classification; definitions
A. If a licensee, an employee of the licensee or any other person questions or has reason to question that the person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving or delivery of spirituous liquor or entering a portion of a licensed premises when the primary use is the sale or service of spirituous liquor is under the legal drinking age, the licensee, employee of the licensee or other person shall do all of the following:
- Demand identification from the person.
- Examine the identification to determine that the identification reasonably appears to be a valid, unaltered identification that has not been defaced.
- Examine the photograph in the identification and determine that the person reasonably appears to be the same person in the identification.
- Determine that the date of birth in the identification indicates the person is not under the legal drinking age.
A licensee or an employee of the licensee who follows the procedures prescribed in subsection A of this section and who records and retains a record of the person’s identification on this particular visit is not in violation of subsection J of this section or section 4-244, paragraph 9 or 22. This defense applies to actions of the licensee and all employees of the licensee after the procedure has been employed during the particular visit to the licensed premises by the person. A licensee or an employee of the licensee is not required to demand and examine identification of a person pursuant to subsection A of this section if, during this visit to the licensed premises by the person, the licensee or any employee of the licensee has previously followed the procedure prescribed in subsection A of this section.
Proof that the licensee or employee followed the entire procedure prescribed in subsection A of this section but did not record and retain a record as prescribed in subsection B of this section is an affirmative defense to a criminal charge under subsection J of this section or under section 4-244, paragraph 9 or 22 or a disciplinary action under section 4-210 for a violation of subsection J of this section or section 4-244, paragraph 9 or 22. This defense applies to actions of the licensee and all employees of the licensee after the procedure has been employed during the particular visit to the licensed premises by the person.
D. A licensee or an employee who has not recorded and retained a record of the identification prescribed by subsection B of this section is presumed not to have followed any of the elements prescribed in subsection A of this section.
E. For purposes of section 4-244, paragraph 22, a licensee or an employee who has not recorded and retained a record of the identification prescribed by subsection B of this section is presumed to know that the person entering or attempting to enter a portion of a licensed premises when the primary use is the sale or service of spirituous liquor is under the legal drinking age.
F. It is a defense to a violation of subsection A of this section if the person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving or delivery of spirituous liquor or to enter a portion of a licensed premises when the primary use is the sale or service of spirituous liquor is not under the legal drinking age.
G. A person penalized for a violation of subsection J of this section or section 4-244, paragraph 22 shall not be additionally penalized for a violation of subsection A of this section relating to the same event.
H. The defenses provided in this section do not apply to a licensee or an employee who has actual knowledge that the person exhibiting the identification is under the legal drinking age.
I. Any of the following types of records are acceptable forms for recording the person’s identification:
- A writing containing the type of identification, the date of issuance of the identification, the name on the identification, the date of birth on the identification and the signature of the person.
- An electronic file or printed document produced by a device that reads the person’s age from the identification.
- A dated and signed photocopy of the identification.
- A photograph of the identification.
- A digital copy of the identification.
J. An off-sale retail licensee or employee of an off-sale retail licensee shall require an instrument of identification from any customer who appears to be under twenty-seven years of age and who is using a drive-through or other physical feature of the licensed premises that allows a customer to purchase spirituous liquor without leaving the customer’s vehicle.
K. The following written instruments are the only acceptable types of identification:
1. An unexpired driver license issued by any state or Canada if the license includes a picture of the licensee.
2. A nonoperating identification license issued pursuant to section 28-3165 or an equivalent form of identification license issued by any state or Canada if the license includes a picture of the person and the person’s date of birth.
3. An armed forces identification card.
4. A valid unexpired passport or border crossing identification card that is issued by a government or a voter card that is issued by the government of Mexico if the passport or card contains a photograph of the person and the person’s date of birth.
L. A person who is under the legal drinking age and who misrepresents the person’s age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish spirituous liquor contrary to law is guilty of a class 1 misdemeanor.
M. A person who is under the legal drinking age and who solicits another person to purchase, sell, give, serve or furnish spirituous liquor contrary to law is guilty of a class 3 misdemeanor.
N. A person who is under the legal drinking age and who uses a fraudulent or false written instrument of identification or identification of another person or uses a valid license or identification of another person to gain access to a licensed establishment is guilty of a class 1 misdemeanor.
O. A person who uses a driver or nonoperating identification license in violation of subsection L or N of this section is subject to suspension of the driver or nonoperating identification license as provided in section 28-3309. A person who does not have a valid driver or nonoperating identification license and who uses a driver or nonoperating identification license of another in violation of subsection C or E of this section has the person’s right to apply for a driver or nonoperating identification license suspended as provided by section 28-3309.
P. A person who knowingly influences the sale, giving or serving of spirituous liquor to a person under the legal drinking age by misrepresenting the age of such person or who orders, requests, receives or procures spirituous liquor from any licensee, employee or other person with the intent of selling, giving or serving it to a person under the legal drinking age is guilty of a class 1 misdemeanor. A licensee or employee of a licensee who has actual knowledge that a person is under the legal drinking age and who admits the person into any portion of the licensed premises in violation of section 4-244, paragraph 22 is in violation of this subsection. In addition to other penalties provided by law, a judge may suspend a driver license issued to or the driving privilege of a person for not more than thirty days for a first conviction and not more than six months for a second or subsequent conviction under this subsection.
Q. A person who is of legal drinking age and who is an occupant of unlicensed premises is guilty of a class 1 misdemeanor if both of the following apply:
1. Such person knowingly allows a gathering on such unlicensed premises of two or more persons who are under the legal drinking age and who are neither:
(a) Members of the immediate family of such person.
(b) Permanently residing with such person.
2. Such person knows or should know that one or more of the persons under the legal drinking age is in possession of or consuming spirituous liquor on the unlicensed premises.
R. For the purposes of subsection Q of this section, “occupant” means a person who has legal possession or the legal right to exclude others from the unlicensed premises.
S. A peace officer shall forward or electronically transfer to the director of the department of transportation the affidavit required by section 28-3310 if the peace officer has arrested a person for the commission of an offense for which, on conviction, suspension of the license or privilege to operate a motor vehicle is required by section 28-3309, subsection A, B or D, or if the peace officer has confiscated a false identification document used by the person to gain access to licensed premises.
T. A person who acts under a program of testing compliance with this title that is approved by the director is not in violation of section 4-244.
U. Law enforcement agencies may use persons who are under the legal drinking age to test compliance with this section and section 4-244, paragraph 9 by a licensee if the law enforcement agency has reasonable suspicion that the licensee is violating this section or section 4-244, paragraph 9. A person who is under the legal drinking age and who purchases or attempts to purchase spirituous liquor under the direction of a law enforcement agency pursuant to this subsection is immune from prosecution for that purchase or attempted purchase. Law enforcement agencies may use a person under the legal drinking age pursuant to this subsection only if:
1. The person is at least fifteen but not more than nineteen years of age.
2. The person is not employed on an incentive or quota basis.
3. The person’s appearance is that of a person who is under the legal drinking age.
4. A photograph of the person is taken no more than twelve hours before the purchase or attempted purchase. The photograph shall accurately depict the person’s appearance and attire. A licensee or an employee of a licensee who is cited for selling spirituous liquor to a person under the legal drinking age pursuant to this subsection shall be permitted to inspect the photograph immediately after the citation is issued. The person’s appearance at any trial or administrative hearing that results from a citation shall not be substantially different from the person’s appearance at the time the citation was issued.
5. The person places, receives and pays for the person’s order of spirituous liquor. An adult shall not accompany the person onto the premises of the licensee.
6. The person does not consume any spirituous liquor.
V. The department may adopt rules to carry out the purposes of this section.
Senate Bill# S 1116
Signed by Governor 4/17/2017; effective 90 days after sine die adjournment.
Would prohibit releasing or making available for inspection any of the following: 1. A licensee’s or license applicant’s residential address or residential telephone number, unless the registrar determines that disclosure serves the interests of justice and is in the public interest. 2. A licensee’s or license applicant’s e-mail address, other than to a court or a governmental agency that will use the e-mail address for a legitimate court or governmental purpose. 3. A licensee’s or license applicant’s social security number, other than to a court or a governmental agency that will use the social security number for a legitimate governmental purpose.
The residential address, e-mail address and residential telephone number of a licensee whose license is placed on inactive status are confidential unless the registrar determines that disclosure of this information serves the interests of justice and is in the public interest.
Senate Bill# H 2013
Transmitted to Governor 03/29/2016; Signed 03/30/2016. The law will be effective 90 days after the Legislature adjourns
When a person that owns or licenses unencrypted computerized data that includes personal information becomes aware of an incident of unauthorized acquisition and access to unencrypted or unredacted computerized data that includes an individual’s personal information, the person shall conduct a reasonable investigation to promptly determine if there has been a breach of the security system. If the investigation results in a determination that there has been a breach in the security system, the person shall notify the individuals affected. The notice must be made in the most expedient manner possible and without unreasonable delay subject to the needs of law enforcement and any measures necessary to determine the nature and scope of the breach, to identify the individuals affected or to restore the reasonable integrity of the data system.
A person that maintains unencrypted computerized data that includes personal information that the person does not own must notify and cooperate with the owner or the licensee of the information of any breach of the security of the system following discovery of the breach without unreasonable delay.
Bill# H 2363, Arizona Revised Statutes; Relating to Security of Personal Information
Governor signed on 04/05/2016. Amending Az. Rev. Stat. §§ 44-7501 and -7601.
When a person that owns or licenses unencrypted computerized data that includes personal information becomes aware of an incident of unauthorized acquisition and access to unencrypted or unredacted computerized data that includes an individual’s personal information, the person shall conduct a reasonable investigation to promptly determine if there has been a breach of the security system. If the investigation results in a determination that there has been a breach in the security system, the person shall notify the individuals affected. The notice shall be made in the most expedient manner possible and without unreasonable delay subject to the needs of law enforcement and any measures necessary to determine the nature and scope of the breach, to identify the individuals affected or to restore the reasonable integrity of the data system.
44-1642 Records of purchase; transaction limitations; age requirement for scrap metal seller; exception
A. Every scrap metal dealer shall keep on the business premises a book or other similar record legibly printed or written in ink, in the English language of each transaction involving the receipt of scrap metal. The record of each receipt of scrap metal shall include the following information:
1. The date, time and place of the transaction.
2. A photograph and an identifying description and weight of the specific scrap metal received.
3. The dollar amount of the transaction.
4. Except as otherwise provided in this paragraph, the seller’s name, physical description including gender, height, weight, race and eye and hair color, physical address, date of birth and signature and a photocopy of a current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military. The scrap metal dealer must validate the recorded information by using the seller’s current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military. This paragraph does not apply to a seller who is exclusively selling aluminum beverage containers.
5. The seller’s transaction privilege tax number, if applicable.
6. The number and state of issuance of the license on the vehicle used to deliver the scrap metal.
7. A photograph, video record or digital record of the seller involved in the transaction.
8. A right index fingerprint of the seller.
B. The record and entries shall be retained in a book or similar record at the business premises for one year after making the final entry of any transaction and shall be retained either at the business premises or any other reasonably available location for an additional year. A scrap metal dealer’s business premises, business records relating to scrap metal transactions, including a book or similar record prescribed by this section, and business inventory shall be open during regular business hours for reasonable inspection by a peace officer. Before an inspection shall take place, a peace officer shall first identify himself and the purpose for the inspection to the scrap metal dealer, dealer’s manager or other responsible person and comply with all reasonable and customary safety requirements of that scrap metal dealer for the business premises inspected. The scrap metal dealer may require the peace officer to sign an inspection log that includes the officer’s name and serial or badge number and the time, the date and the purpose for the inspection.
46-601.01. Presentment of identification card
A merchant or financial institution may require the presentment of the identification card prescribed by this article as a condition for payment of a warrant issued pursuant to section 46-206.
44-7601. Discarding and disposing of records containing personal identifying information; civil penalty; enforcement; definition
A. An entity shall not knowingly discard or dispose of records or documents without redacting the information or destroying the records or documents if the records or documents contain an individual’s first and last name or first initial and last name in combination with a corresponding complete:
- Social security number
- Credit card, charge card or debit card number
- Retirement account number
- Savings, checking or securities entitlement account number
- Driver license number or non-operating identification license number
32-1977. Sale of methamphetamine precursors; electronic sales tracking system; violation; classification; state preemption
A. A permittee under this chapter shall not sell to the same person, and a person shall not purchase, products containing more than three and six-tenths grams per day or more than nine grams per thirty-day period of ephedrine or pseudoephedrine base, or their salts, isomers or salts of isomers. These limits apply to the total amount of base ephedrine and pseudoephedrine contained in the products and not to the overall weight of the products.
B. The permittee must keep nonprescription products containing pseudoephedrine or ephedrine behind the counter or in a locked case where a customer does not have direct access.
C. The permittee shall require a person purchasing a nonprescription product that contains pseudoephedrine or ephedrine to present valid government-issued photo identification at the point of sale. The permittee shall record all of the following:
1. The name and address of the purchaser.
2. The name and quantity of product purchased.
3. The date and time of purchase.
4. Purchaser identification type and number.
D. Before completing a sale pursuant to this section, a permittee must use an electronic sales tracking system and electronically submit the required information to the national precursor log exchange administered by the national association of drug diversion investigators if the system is available to permittees without a charge for access. For the purposes of this subsection, “available to permittees without a charge for access”:
1. Includes:
(a) Access to the web-based electronic sales tracking software, including inputting and retrieving data free of charge.
(b) Training free of charge.
(c) Technical support to integrate to point of sale vendors without a charge, if necessary.
2. Does not include:
(a) Costs relating to required internet access.
(b) Optional hardware that a pharmacy may choose to purchase for workflow purposes.
(c) Other equipment.
E. If a permittee that sells a nonprescription product containing pseudoephedrine or ephedrine experiences mechanical or electronic failure of the electronic sales tracking system and is unable to comply with the electronic sales tracking requirements of this section, the permittee must maintain a written log or an alternative electronic recordkeeping mechanism until the permittee is able to comply with the electronic sales tracking system requirements. A permittee that does not have internet access to the electronic sales tracking system is compliant with the requirements of this section if the retailer maintains a written log or an alternative electronic recordkeeping mechanism.
F. The national association of drug diversion investigators shall forward state transaction records in the national precursor log exchange to the board of pharmacy each week and provide real-time access to the national precursor log exchange information through the national precursor log exchange online portal to law enforcement in this state as authorized by the board of pharmacy.
G. The system prescribed in this section must be capable of generating a stop sale alert notification that completing the sale would result in the permittee or purchaser violating the quantity limits prescribed in this section. The permittee may not complete the sale if the system generates a stop sale alert. The electronic sales tracking system prescribed in this section must contain an override function that may be used by dispensers of ephedrine or pseudoephedrine who have a reasonable fear of imminent bodily harm if they do not complete a sale. The system must log each instance that a permittee uses the override function.
S-1030. Act provides for remote online authorization guidelines
A. The notary shall keep a paper journal and, except as prescribed by subsection E OF THIS SECTION, shall keep only one journal at a time. The notary shall record all notarial acts in chronological order. The notary shall furnish, when requested, a certified copy of any public record in the notary’s journal. Records of notarial acts that violate the attorney‑client privilege or that are confidential pursuant to federal or state law are not a public record. Each journal entry shall include at least:
1. The date of the notarial act.
2. A description of the document or type of notarial act.
3. The printed full name, signature and address of each person for whom a notarial act is performed.
4. The type of satisfactory evidence of identity presented to the notary by each person for whom a notarial act is performed, if other than the notary’s personal knowledge of the individual is used as satisfactory evidence of identity.
5. A description of the identification document, its serial or identification number and its date of issuance or expiration.
6. The fee, if any, charged for the notarial act.
B. If a notary has personal knowledge of the identity of a signer, the requirements of subsection A, paragraphs 1 through 5 OF THIS SECTION may be satisfied by the notary retaining a paper or electronic copy of the notarized documents for each notarial act.
C. If a notary does more than one notarization for an individual within a six month period, the notary shall have the individual provide satisfactory evidence of identity the first time the notary performs the notarization for the individual but may not require satisfactory evidence of identity or the individual to sign the journal for subsequent notarizations performed for the individual during the six month period.
D. If a notary performs more than one notarization of the same type for a signer either on like documents or within the same document and at the same time, the notary may group the documents together and make one journal entry for the transaction.
E. If one or more entries in a notary public’s journal are not public records, the notary public may SHALL keep one journal that contains entries that are not public records and one journal that contains entries that are public records.