North Dakota

The laws governing the use of ID scanning technology in North Dakota are outlined in Chapter 23 of Title 12.1 of the North Dakota Century Code (NDCC). This chapter, titled “Privacy and Consumer Protection,” provides detailed guidelines on how businesses can collect, use, and disclose information obtained from ID scans.

Purpose of ID Scanning

According to Section 12.1-23-11 of the NDCC, a business entity, such as a hotel, is allowed to retain and use information obtained from IDs only for the following purposes:

1. Verifying a customer’s age: This is particularly important for hotels that sell alcohol. The legal drinking age in North Dakota is 21, and hotels must verify a customer’s age before serving them alcohol.

2. Establishing a customer’s identity: Hotels often need to verify the identity of their guests for security reasons. An ID scan can provide a quick and accurate way to do this.

3. Confirming a customer’s license status to operate a vehicle: This may be relevant for hotels that offer valet parking services.

Disclosure of Information

Section 12.1-23-11 of the NDCC also outlines the conditions under which a business can disclose the information obtained from an ID scan. These include:

1. Disclosing such information to another business for (i) verifying a check payment, (ii) evaluating creditworthiness, (iii) detecting or reducing the risk of fraud, abuse, identity theft or other crimes, (iv) collection activities, or (v) confirming that a customer has met the motor vehicle financial responsibility requirements.

2. Disclosing such information to (a) the department of transportation, (b) insurance licensees, (c) notaries, (d) financial institutions if permitted by federal law, or (e) law enforcement agencies.

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