West Virginia

In the absence of any statute expressly regulating a business’s ability to scan IDs and to retain information obtained from a scan in general, subject to applicable privacy laws, businesses are likely allowed to scan IDs and to retain information obtained from scans.

In the context of selling “alcoholic beverages, wine, and non-intoxicating beer,” West Virginia law provides that no scanner can be used to collect personal information from a driver’s license of any purchaser, including driver’s license number, social security number, or other descriptive information, other than the age.

Affirmative Defense for ID Scanning in West Virginia

West Virginia offers an affirmative defense for ID scanning. According to West Virginia Code Section 60-2-22, the Alcohol Beverage Control Commissioner may authorize and establish standards for the use of scanner technology for the verification of age of purchasers of alcoholic beverages and wine.

The law also states that any scanner technology may not be used for the collection of personal identifiable information of any purchaser, which includes, but is not limited to, drivers license number, social security number or other descriptive information contained on the license, other than the age of the purchaser.

Mandatory Verification of Age for Alcohol Sales

West Virginia Statute §60-3A-25a mandates the verification of age for persons purchasing alcohol. A licensee who has installed a transaction scan device in its licensed premises and can demonstrate that it requires each employee, servant, or agent to verify the age of any individual to whom liquor is sold, furnished, or given away by the use of the transaction device may not be subject to any criminal penalties, administrative penalties from the commissioner, or any civil liability for the improper sale, furnishing or giving away of liquor to an individual who is less than twenty-one years of age by one of his or her employees, servants or agents.

ID Scanning for Controlled Substances

According to West Virginia Code. §60A-9-4a, prior to releasing a Schedule II, III, or IV controlled substance sold at retail, a pharmacist or pharmacy shall verify the full legal name, address, and birth date of the person picking up the controlled substance dispensed by requiring the presentation of a valid government-issued photo identification card.

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