New York

ID Scanning Laws

In the state of New York, the laws and regulations surrounding the scanning of identification (ID) cards, such as driver’s licenses, are governed by specific statutes. The law allows for the scanning of IDs for the following purposes:

  1. Verifying the authenticity of the driver’s license or identification card or to verify the identity of the individual if the individual pays for goods or services with a method other than cash, returns an item, or requests a refund or exchange.
  2. Verifying the individual’s age when providing age-restricted goods or services to the individual.
  3. Preventing fraud or other criminal activity if the individual returns an item or requests a refund or an exchange and the business uses a fraud prevention service company or system.
  4. Recording, retaining, or transmitting information as required by state or federal law.

The information collected by scanning an individual’s driver’s license or identification card should be limited to the individual’s name, address, date of birth, and driver’s license number or identification card number.

New York State Legislature

ID Scanning Resources

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The Legal Framework

New York ID Scanning Laws and Regulations

Verifying Authenticity and Identity

The law allows businesses, including hotels, to scan an individual’s ID to verify the authenticity of the ID or the identity of the individual. This is particularly useful in situations where the individual is paying for goods or services with a method other than cash, or when the individual is returning an item or requesting a refund or exchange.

For hotels, this provision can be beneficial in various scenarios. For instance, when a guest checks in and provides a credit card for payment, the hotel can scan the guest’s ID to verify the identity of the cardholder. Similarly, if a guest requests a refund or exchange for a service, the hotel can scan the guest’s ID to prevent fraudulent activities.

Verifying Age for Age-Restricted Goods or Services

The law also permits the scanning of IDs for verifying an individual’s age when providing age-restricted goods or services. This is particularly relevant for hotels that sell alcohol or provide other age-restricted services. By scanning a guest’s ID, the hotel can ensure that the guest is of legal age to consume alcohol, thereby complying with the state’s alcohol beverage control laws.

Preventing Fraud or Other Criminal Activities

The law allows businesses to scan IDs to prevent fraud or other criminal activities, provided the business uses a fraud prevention service company or system. This provision can be beneficial for hotels, especially in situations where a guest returns an item or requests a refund or exchange. By scanning the guest’s ID, the hotel can verify the guest’s identity and prevent potential fraudulent activities.

Compliance with State or Federal Laws

Finally, the law permits the scanning of IDs for recording, retaining, or transmitting information as required by state or federal laws. This provision ensures that businesses, including hotels, can comply with any legal requirements that necessitate the collection of specific information from individuals.

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

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Frequently Asked Questions

Yes, a hotel in New York can scan your ID for specific purposes, such as verifying your identity, verifying your age for age-restricted services, preventing fraud, or complying with state or federal laws.

 

A hotel can collect your name, address, date of birth, and driver's license number or identification card number by scanning your ID.

 

No, a hotel can only use the information obtained from your ID for the purposes specified in the law. These include verifying your identity or age, preventing fraud, or complying with state or federal laws.

 

The law does not explicitly allow hotels to sell the information obtained from your ID to other businesses. The information can only be used for the purposes specified in the law.

 

If a hotel violates these laws, it may face penalties as specified in the New York State general business law and the alcoholic beverage control law.

 

If you believe a hotel has misused your ID information, you should report the incident to the relevant authorities in New York State.