Colorado

Colorado law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan. However, there are instances where merchants are required to record information related to identity, such as notarial services. ID scanning can improve the ease and accuracy of record keeping in these scenarios.

Colorado SB21-190 – Protect Personal Data Privacy

This law, which became effective on January 1, 2023, specifies how controllers must fulfill duties regarding consumers’ assertion of their rights, transparency, purpose specification, data minimization, avoiding secondary use, care, avoiding unlawful discrimination, and sensitive data.

Colorado Bill S 17-132

Approved by the Governor on May 18, 2017, and effective from August 9, 2017, this bill states that a notary public shall maintain a journal in which they chronicle all notarial acts that they perform. The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal.

Colorado Liquor Code C.R.S. 12-47-901. Unlawful acts – exceptions

This law provides an affirmative defense for ID scanning. It states that if a person who, in fact, is not twenty-one years of age exhibits a fraudulent proof of age, any action relying on such fraudulent proof of age shall not constitute grounds for the revocation or suspension of any license issued under this article or article 46 of this title.

MED Training for Colorado Dispensaries

Although this is specifically for dispensaries, it provides a good example of ID scanning laws in Colorado. The Colorado Department of Revenue requires that all dispensaries undergo “MED Training” in order to receive a Responsible Vendor designation, which is focused on preventing sales to minors, as well as acceptable forms of identification.

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.