Mississippi

ID Scanning Laws

A retailer in Mississippi is allowed to retain and use information obtained from IDs only 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

Mississippi State Legislature

ID Scanning Resources

Mississippi Legislative

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Mississippi Statutes

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ID Scanner

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The Legal Framework

Mississippi ID Scanning Laws and Regulations

Mississippi Senate Bill 2346 – Age Verification Required Before Entering Website with Pornographic Material

This Act regulates pornographic media exposure to children. It requires commercial entities that provide such content to have age verification systems. All porn websites now have to implement age verification methods on their website to ensure visitors are over the age of 18 before allowing entry onto the site.

Mississippi Code. Title 67-1-81 – Sales to minors prohibited

Any person under the age of twenty-one (21) who knowingly makes a false statement to the effect that he or she is twenty-one (21) years old or older or presents any document that indicates he or she is twenty-one (21) years of age or older for the purpose of purchasing alcoholic beverages from any person engaged in the sale of alcoholic beverages shall be guilty of a misdemeanor and shall be punished by a fine of not less than Two Hundred Dollars ($ 200.00) nor more than Five Hundred Dollars ($ 500.00), and a sentence to not more than thirty (30) days’ community service.

Mississippi House Bill 227. Mississippi Tobacco Minimum Legal Age of 21 Act

Before distributing any tobacco product, the distributor must verify that the recipient is at least twenty-one (21) years of age. Each distributor shall examine the recipient’s government-issued photographic identification. No such verification is required for a person over the age of thirty (30). The fact that a recipient appeared to be thirty (30) years of age or older does not constitute a defense to a violation of this section.

Mississippi House Bill 73. Prohibition of Using Embedded Technology in Self-Checkout Terminals to Scan IDs

This bill would prohibit certain retailers and establishments from using embedded technology programs in self-checkout terminals or self-service checkouts to scan information on a consumer’s driver’s license in order to verify the age of the person trying to purchase certain items. It would require the age verification to be performed by an employee of the establishment in order to complete the purchase.

Mississippi House Bill 575. Require ID scanning for electronic nicotine sales (died in committee)

This bill would have required third party age verification for online tobacco purchases. The bill died in committee on 1/16/2023.

Mississippi House Bill 1344. Motor vehicle scrapping law revision

This bill amends the provisions of the affidavit form required to be filed with the Department of Revenue when cancelling a certificate of title for scrap motor vehicles when the certificate of title is not available.

Mississippi House Bill 403. Age Verification Software for Alcohol Sales

This bill would require holders of a package retail permit to have an independent third-party age verification service available on the property of the location in which alcoholic beverages are sold. This bill died in the House.

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

In Mississippi, there is no specific law that regulates a business's practice of scanning IDs. Therefore, a hotel is likely allowed to scan IDs and retain information obtained from a scan, subject to applicable privacy laws.

Yes, a hotel can retain the information obtained from scanning a guest's ID. However, they must comply with applicable privacy laws.

Yes, a hotel can use the information obtained from scanning a guest's ID for purposes such as verifying a customer’s age, establishing a customer’s identity, and confirming a customer’s license status to operate a vehicle.

Yes, a hotel can disclose such information to another business for purposes such as verifying a check payment, evaluating creditworthiness, detecting or reducing the risk of fraud, abuse, identity theft or other crimes, collection activities, or confirming that a customer has met the motor vehicle financial responsibility requirements.

 

Yes, a hotel can disclose such information to law enforcement agencies.

Any person under the age of twenty-one (21) who knowingly makes a false statement to the effect that he or she is twenty-one (21) years old or older or presents any document that indicates he or she is twenty-one (21) years of age or older for the purpose of purchasing alcoholic beverages from any person engaged in the sale of alcoholic beverages shall be guilty of a misdemeanor and shall be punished by a fine of not less than Two Hundred Dollars ($ 200.00) nor more than Five Hundred Dollars ($ 500.00), and a sentence to not more than thirty (30) days’ community service.