Idaho

In the hospitality industry, particularly in hotels, understanding the laws and regulations surrounding ID scanning is crucial. In Idaho, a retailer, including a hotel, is allowed to retain and use information obtained from IDs for the following purposes:

1. Verifying a customer’s age
2. Establishing a customer’s identity
3. Confirming a customer’s license status to operate a vehicle
4. 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 v. Confirming that a customer has met the motor vehicle financial responsibility requirements
5. Disclosing such information to: a. The department of transportation b. Insurance licensees c. Notaries d. Financial institutions if permitted by federal law e. Law enforcement agencies

Dissecting the Law Code

According to Idaho Statutes Title 18, Crimes and Punishments, Chapter 24, Theft, Section 18-2415, the use of scanning devices and reencoders is regulated under the law. The law defines a “scanning device” as a scanner, reader, or any other electronic device used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card. A “reencoder” is an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.

The law makes it a felony for a person to use or possess with intent to use:

• A scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.
• A reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.

Any person who commits a violation pursuant to this section shall be punished pursuant to the provisions of section 18-2408(2)(a), Idaho Code.

Please note that this information is intended to provide a general overview and does not constitute legal advice. Always consult with a legal professional for advice specific to your situation