Virginia

ID Scanning Laws

The Code of Virginia § 18.2-186.3 outlines the acceptable uses of information obtained from scanning IDs. According to this law, businesses can use scanned information 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

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The Legal Framework

Virginia ID Scanning Laws and Regulations

In Virginia, the laws governing the scanning of IDs are primarily found in the Code of Virginia, Title 4.1, Chapter 3, and Title 18.2, Chapter 8. These laws outline the circumstances under which businesses, including hotels, can scan IDs, the purposes for which the scanned information can be used, and the penalties for non-compliance.

Scanning IDs for Alcohol Sales

According to the Code of Virginia § 4.1-304, it is illegal to sell alcohol to anyone under the age of 21. To ensure compliance with this law, businesses, including hotels, are allowed to scan IDs to verify a customer’s age before selling them alcohol. The law does not explicitly state that businesses must scan IDs, but doing so can provide a defense in case a business inadvertently sells alcohol to a minor.

Use of Scanned Information

The Code of Virginia § 18.2-186.3 outlines the acceptable uses of information obtained from scanning IDs. According to this law, businesses can use scanned information 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

It’s important to note that businesses must not use the scanned information for any purposes not listed in the law. Violating this provision can result in severe penalties, including fines and imprisonment.

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

1. Can hotels in Virginia scan IDs?

Yes, hotels in Virginia can scan IDs to verify a customer's age, especially before selling them alcohol, and for other purposes outlined in the law.

2. What can hotels do with the information obtained from scanning IDs?

Hotels can use the scanned information for various purposes, including verifying a customer's age, establishing their identity, and detecting or reducing the risk of fraud. However, they must not use the information for any purposes not listed in the law.

3. What are the penalties for non-compliance with Virginia's ID scanning laws?

Non-compliance with Virginia's ID scanning laws can result in severe penalties, including fines and imprisonment.

4. Do hotels have to scan IDs before selling alcohol to customers?

The law does not explicitly require hotels to scan IDs before selling alcohol to customers. However, doing so can provide a defense in case a hotel inadvertently sells alcohol to a minor.

5. Can hotels disclose the information obtained from scanning IDs to other businesses?

Yes, hotels can disclose the scanned information to other businesses for specific purposes, such as verifying a check payment or evaluating creditworthiness. However, they must not disclose the information for any purposes not listed in the law.

6. Can hotels disclose the scanned information to law enforcement agencies??

Yes, hotels can disclose scanned information to law enforcement agencies.