Nebraska

In the state of Nebraska, the practice of scanning IDs is governed by specific laws and regulations. These laws are particularly relevant to businesses such as hotels, which often need to verify the identity of their guests. This article provides an overview of these laws, with a focus on their implications for hotels in Nebraska.

Nebraska ID Scanning Laws: An Overview

Nebraska law prohibits anyone with access to machine-readable information encoded on a driver’s license or a state identification card from compiling, storing, preserving, trading, selling, or sharing such information. However, there are certain exceptions to this rule.

For instance, a retailer who sells age-restricted items such as alcohol, lottery tickets, or tobacco products may scan IDs for the purpose of verifying the customer’s age. The retailer can store only the customer’s age and ID number, and this information can only be used by law enforcement agencies for enforcement purposes. The retailer must also post a sign at the point of sale stating that the ID will be scanned and that the age and identification number will be stored.

In the context of hotels, the law allows for the scanning and storage of ID information in connection with guest check-ins if a guest pays by check or credit card. This is because it becomes necessary for the hotel to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability, or to resolve a dispute or inquiry by the guest. However, the hotel cannot use the information obtained for any marketing or sales purpose.

Penalties for Unlawful Use of ID Information

The penalties for unlawfully using a license or identification card in Nebraska are severe. Under Nebraska Revised Statute 60-4.111.01, anyone who trades, sells, or shares such information, or who compiles, stores, or preserves such information except as authorized by law, is guilty of a Class IV felony.

Implications for Hotels

For hotels in Nebraska, these laws have several important implications. First, hotels can scan and store ID information in connection with guest check-ins if the guest pays by a method other than cash. However, they must be careful not to use the information obtained for any marketing or sales purpose.

Second, hotels must be aware of the severe penalties for unlawfully using ID information. They should ensure that they are in full compliance with all applicable laws and regulations to avoid these penalties.

Finally, hotels should also be aware of the requirements for selling age-restricted items such as alcohol. If a hotel sells such items, it can scan IDs to verify the customer’s age, but it can only store the customer’s age and ID number, and this information can only be used by law enforcement agencies for enforcement purposes.

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