Missouri

ID Scanning Laws

A retailer in Missouri is allowed to retain and use information obtained from IDs only for the following purposes:

Verifying a customer’s age
Establishing a customer’s identity
Confirming a customer’s license status to operate a vehicle
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
Disclosing such information to:
- The department of transportation
- Insurance licensees
- Notaries
- Financial institutions if permitted by federal law
- Law enforcement agencies

Missouri State Legislature

ID Scanning Resources

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Missouri Statutes

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ID Scanner

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The Legal Framework

Missouri ID Scanning Laws and Regulations

Missouri’s Compliance with the Federal REAL ID Act

According to Missouri Revised Statutes Section 302.170, the state has implemented procedures to comply with the goals and standards of the Federal REAL ID Act of 2005. This Act, among other things, sets standards for the issuance of sources of identification, such as driver’s licenses.

The Department of Revenue in Missouri issues driver’s licenses or identification cards that are compliant with the Federal REAL ID Act of 2005 to all applicants, unless an applicant requests a driver’s license or identification card that is not REAL ID compliant. The department informs all applicants about the option of being issued a REAL ID compliant driver’s license or identification card or a driver’s license or identification card that is not compliant with REAL ID.

Biometric Data and Privacy

The Missouri law is explicit about the protection of biometric data. It prohibits the Department of Revenue from using, collecting, obtaining, sharing, or retaining biometric data to produce a driver’s license or nondriver’s license or to uniquely identify licensees or license applicants. This includes data such as voice data, iris recognition data, retinal scans, fingerprint, palm prints, hand geometry, characteristic gait or walk, DNA, and keystroke dynamics.

The law also emphasizes the protection of privacy rights of its citizens. Any data derived from a person’s application shall not be sold for commercial purposes to any other organization or any other state without the express permission of the applicant without a court order.

Violations, Civil Damages, and Criminal Penalties

The law provides for civil damages and criminal penalties in case of violations. Any person harmed or damaged by any violation of this section may bring a civil action for damages, including noneconomic and punitive damages, as well as injunctive relief, in the circuit court where that person resided at the time of the violation or in the circuit court of Cole County to recover such damages from the Department of Revenue and any persons participating in such violation.

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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Knowledge Base

Frequently Asked Questions

1. Can a hotel in Missouri scan a guest's ID?

Yes, a hotel in Missouri can scan a guest's ID for purposes such as verifying the guest's age, establishing the guest's identity, and confirming the guest's license status to operate a vehicle.

2. Can a hotel retain the information obtained from the ID scan?

Yes, a hotel can retain the information obtained from the ID scan for the purposes mentioned above. However, the hotel must not violate the privacy rights of the guest and must not use the data for commercial purposes without the express permission of the guest.

3. Can a hotel disclose the information obtained from the ID scan to another business?

Yes, a hotel can disclose such information to another business for specific 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.

4. Can a hotel disclose the information obtained from the ID scan to law enforcement agencies?

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

5. What are the penalties for violating the ID scanning laws in Missouri?

Violations of the ID scanning laws in Missouri can result in civil damages and criminal penalties. A person harmed or damaged by any violation of these laws can bring a civil action for damages, including noneconomic and punitive damages, as well as injunctive relief.

6. What is the Federal REAL ID Act and how does it apply to Missouri?

The Federal REAL ID Act of 2005 sets standards for the issuance of sources of identification, such as driver's licenses. Missouri has implemented procedures to comply with the goals and standards of this Act.