South Dakota

South Dakota ID Scanning Laws

While South Dakota does not have specific laws governing the scanning of IDs, it does have laws that pertain to the use of personal information obtained from IDs. According to South Dakota Law 32-5-147, personal information may be disclosed to any person by the department on proof of the identity of the person requesting the record and representation by such person that the use of the personal information will be strictly limited to certain uses.

These uses include:

• Use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a government agency in carrying out its functions.
• Use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only under the following circumstances:
  • To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors.
  • If such information as submitted is not correct or is no longer correct, to obtain the correct information for the purposes of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
• Use in connection with any civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of any court.
• Use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.
• Use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti- fraud activities, rating, or underwriting.
• Use in providing notice to the owners or lienholders of towed or impounded vehicles.
• Use by any licensed private investigative agency or licensed security service for any purpose permitted under this section.
• Use in connection with the operation of private toll transportation facilities.
• For any other use specifically authorized under the law of the state that holds the record, if such use is related to the operation of a motor vehicle or public safety.

ID Scanning and Alcohol Sales in Hotels

Hotels that sell alcohol must be particularly vigilant about verifying the age of their customers. In South Dakota, the law provides a specific provision related to the sale of alcoholic beverages to underage persons. According to North Dakota 35-9-1.3 (which is referenced in South Dakota’s laws), no person may be convicted of illegally selling any alcoholic beverage to any underage person if the underage person was in possession of, and the seller relied upon, any false age-bearing identification document that was furnished to the underage person by any state agency or local law enforcement agency or any agent, employee, contractor, or associate of any state agency or local law enforcement agency for the purpose of attempting to illegally purchase any alcoholic beverage.

This means that if a hotel in South Dakota scans an ID that appears to be valid and uses that ID to verify a customer’s age before selling them alcohol, the hotel is unlikely to be held liable if it later turns out that the ID was false and the customer was underage.

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