Michigan

In Michigan, the use of ID scanning technology is becoming increasingly common, especially in the hotel industry. Whether it’s for verifying a guest’s age, establishing identity, or ensuring compliance with alcohol sales regulations, understanding the legal landscape is essential.

Michigan’s ID Scanning Laws

1. Verifying Age and Identity (MCL 28.295)

Under Michigan Compiled Laws (MCL) 28.295, a business may scan an individual’s ID to verify age or identity. This is particularly relevant for hotels that serve alcohol, as they must ensure that guests are of legal drinking age.

Quote from the statute: “An individual or business may scan the barcode or magnetic stripe of an operator’s or chauffeur’s license to verify the authenticity of a license or the age or identity of the individual.”

2. Restrictions on Retaining Information (MCL 28.295a)

Michigan law also places restrictions on what information can be retained after scanning an ID. According to MCL 28.295a, only the name, address, date of birth, and photograph may be retained. All other information must be deleted immediately.

Quote from the statute: “A business or individual that scans the barcode or magnetic stripe of an operator’s or chauffeur’s license shall not retain any information obtained from the scan except for the individual’s name, address, date of birth, and photograph.”

3. Prohibition on Selling Information (MCL 28.295b)

Michigan law prohibits the sale or dissemination of information obtained from scanning an ID, with limited exceptions. MCL 28.295b outlines the specific circumstances under which information may be disclosed.

Quote from the statute: “A business or individual that scans the barcode or magnetic stripe of an operator’s or chauffeur’s license shall not sell or disseminate the information obtained from the scan to any third party, including, but not limited to, for marketing, advertising, or promotional activities.”

4. Compliance with Federal Laws

In addition to state laws, hotels in Michigan must also comply with relevant federal laws, such as the Driver’s Privacy Protection Act (DPPA) and the Fair and Accurate Credit Transactions Act (FACTA).

Best Practices for ID Scanning in Hotels

• Understand the Law: Familiarize yourself with both state and federal laws related to ID scanning.
• Limit Information Retention: Only retain the information allowed by law and delete all other data immediately.
• Protect Customer Privacy: Implement robust security measures to protect the information you retain.
• Provide Clear Notice: Inform guests that you will be scanning their ID and explain how the information will be used and stored.

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