New Hampshire

The Current Law

As it stands, New Hampshire law prohibits anyone from knowingly scanning, recording, retaining, or storing in electronic format personal information obtained from a driver’s license, unless authorized by the New Hampshire Department of Motor Vehicles (DMV). This law is unique to New Hampshire and has significant implications for businesses, particularly those in the hospitality industry, such as hotels.

However, there is a “Safe Harbor” provision. A business is deemed to have received authorization for scanning as long as the scanner does not visibly identify personal information other than the driver’s license number and name, and the scanner does not retain, store (whether locally or remotely), or transfer personal information other than the driver’s license number and name.

The Proposed Changes

Law SB311, currently under legislative review, proposes to reverse the existing prohibitions on ID scanning. The proposed law would allow the scanning, recording, retaining, or storing of personal information in electronic form collected with the license holder’s consent as part of a sale of merchandise to a pawnbroker or other secondhand dealer, and submission of such information to law enforcement databases for the sole purpose of identifying sellers of stolen merchandise.

Implications for Hotels

For hotels in New Hampshire, these laws and potential changes have significant implications. Currently, hotels cannot scan IDs unless they meet the “Safe Harbor” conditions. This can limit their ability to quickly and efficiently verify the identity of guests, particularly in situations where quick verification is necessary, such as large events or busy check-in periods.

If Law SB311 is passed, it could potentially allow hotels to scan IDs, provided they obtain the license holder’s consent. This could streamline operations and improve security measures. However, it’s important to note that the proposed law is still under review and has not yet been passed.

Penalties and Consequences

Violating these laws can result in serious consequences. Under New Hampshire Statute, Title XIII, it is a misdemeanor to knowingly scan, record, retain, or store, in any electronic form or format, personal information obtained from any license, unless authorized by the department. Penalties can range from fines to imprisonment, depending on the severity and frequency of the violations.

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