New Jersey

New Jersey, the Garden State, has a unique set of laws and regulations regarding ID scanning. These laws are particularly relevant for businesses, especially those in the hospitality industry, such as hotels.

The Current Law

New Jersey law allows retailers to scan IDs only for specific purposes. These include verifying the authenticity of an ID or the identity of a person if the person pays for goods or services with a method other than cash, returns an item, or requests a refund or an exchange. Other purposes include verifying the person’s age when providing age-restricted goods or services, preventing fraud or other criminal activity if the person returns an item or requests a refund or an exchange and the business uses a fraud prevention service company or system, and several others.

Information collected by scanning a person’s identification card must be limited to the person’s name, address, date of birth, the State issuing the identification card, and identification card number. Information obtained for verifying authenticity and age cannot be retained. Information obtained for other purposes must be securely stored, and any breach of the security of the information must be promptly reported to the Division of State Police in the Department of Law and Public Safety and any affected person.

Penalties and Consequences

Violating these laws can result in serious consequences. Any person who violates the provisions of this act shall be subject to a civil penalty of $2,500 for a first violation and $5,000 for any subsequent violation. The penalty prescribed in this section shall be collected in a civil action by a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

Implications for Hotels

For hotels in New Jersey, these laws have significant implications. Hotels must ensure that they are only scanning IDs for the purposes outlined in the law and that they are not retaining information beyond what is allowed. This can impact how hotels verify the identity of guests, particularly in situations where quick verification is necessary, such as large events or busy check-in periods.

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