Montana

In the state of Montana, the practice of scanning IDs is not explicitly regulated by law. Businesses, including hotels, are generally permitted to scan IDs and retain the information obtained, subject to applicable privacy laws. However, specific regulations apply to the length of time that personally identifiable information (PII) obtained from an ID scan can be retained. This article provides a detailed examination of Montana’s ID scanning laws and regulations, with a particular focus on their application within the hotel industry.

Montana’s ID scanning laws and regulations are not explicitly defined, leaving businesses with some latitude in their practices. However, several relevant laws and bills provide guidance on specific scenarios, including the sale of age-restricted items and the handling of PII.

Montana Code 16-3-313 addresses the scanning of government or tribal-issued identification for the purpose of determining age for the sale of age-restricted items. According to this code, businesses:

• Can only use data or metadata from the scan to determine the person’s age.
• Cannot transfer or sell that data or metadata to another party.
• Must permanently delete any data or metadata from the scan within 180 days.

This law is particularly relevant to hotels that sell age-restricted items such as alcohol or tobacco products. It’s important to note that this law does not limit the collection and preservation of information required by federal law for the sale of ephedrine or pseudoephedrine.

Montana House Bill 293, which generally revises laws relating to alternative nicotine and vapor products, also has implications for businesses that scan IDs. The bill states that a retailer cannot sell alternative nicotine products or vapor products at retail unless in a place where alcoholic beverages are sold and consumed, and the machine is in a direct line-of-sight of the owner or an employee. Furthermore, a retailer cannot distribute any nicotine or vapor alternative to anyone under 18 years of age. If the retailer scans a tribal-issued ID card to validate age, the seller must handle the data from the scan in accordance with the law.

Montana House Bill 300, which missed the deadline for General Bill Transmittal, proposed similar regulations. It also included a repeal to the prohibition on a local ordinance prohibiting the sale of tobacco products.

Montana’s Carrying False Identification Law, 61-5-302, outlines the unlawful use of a license or identification card. Violations of this law, which include displaying a fictitious or altered ID or lending an ID to another person, are considered misdemeanors and typically result in fines ranging between $280 and $500.

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