Virginia

In Virginia, the laws governing the scanning of IDs are primarily found in the Code of Virginia, Title 4.1, Chapter 3, and Title 18.2, Chapter 8. These laws outline the circumstances under which businesses, including hotels, can scan IDs, the purposes for which the scanned information can be used, and the penalties for non-compliance.

Scanning IDs for Alcohol Sales

According to the Code of Virginia § 4.1-304, it is illegal to sell alcohol to anyone under the age of 21. To ensure compliance with this law, businesses, including hotels, are allowed to scan IDs to verify a customer’s age before selling them alcohol. The law does not explicitly state that businesses must scan IDs, but doing so can provide a defense in case a business inadvertently sells alcohol to a minor.

Use of Scanned Information

The Code of Virginia § 18.2-186.3 outlines the acceptable uses of information obtained from scanning IDs. According to this law, businesses can use scanned information 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:
   • Verifying a check payment
   • Evaluating creditworthiness
   • Detecting or reducing the risk of fraud, abuse, identity theft, or other crimes
   • Collection activities
   • Confirming that a customer has met the motor vehicle financial responsibility requirements
5. Disclosing such information to:
   • The department of transportation
   • Insurance licensees
   • Notaries
   • Financial institutions if permitted by federal law
   • Law enforcement agencies

It’s important to note that businesses must not use the scanned information for any purposes not listed in the law. Violating this provision can result in severe penalties, including fines and imprisonment.

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