North Dakota

ID Scanning Laws

In North Dakota, hotels are permitted to scan IDs for the purposes of verifying a customer’s age, establishing a customer’s identity, and confirming a customer’s license status to operate a vehicle. The information obtained from the ID scan can also be used for certain business transactions and disclosed to specific entities under certain conditions.

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The Legal Framework

North Dakota ID Scanning Laws and Regulations

The laws governing the use of ID scanning technology in North Dakota are outlined in Chapter 23 of Title 12.1 of the North Dakota Century Code (NDCC). This chapter, titled “Privacy and Consumer Protection,” provides detailed guidelines on how businesses can collect, use, and disclose information obtained from ID scans.

Purpose of ID Scanning

According to Section 12.1-23-11 of the NDCC, a business entity, such as a hotel, is allowed to retain and use information obtained from IDs only for the following purposes:

  1. Verifying a customer’s age: This is particularly important for hotels that sell alcohol. The legal drinking age in North Dakota is 21, and hotels must verify a customer’s age before serving them alcohol.

  2. Establishing a customer’s identity: Hotels often need to verify the identity of their guests for security reasons. An ID scan can provide a quick and accurate way to do this.

  3. Confirming a customer’s license status to operate a vehicle: This may be relevant for hotels that offer valet parking services.

Disclosure of Information

Section 12.1-23-11 of the NDCC also outlines the conditions under which a business can disclose the information obtained from an ID scan. These include:

  1. Disclosing such information to another business for (i) verifying a check payment, (ii) evaluating creditworthiness, (iii) detecting or reducing the risk of fraud, abuse, identity theft or other crimes, (iv) collection activities, or (v) confirming that a customer has met the motor vehicle financial responsibility requirements.

  2. Disclosing such information to (a) the department of transportation, (b) insurance licensees, (c) notaries, (d) financial institutions if permitted by federal law, or (e) law enforcement agencies.

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

Yes, hotels in North Dakota can scan IDs for the purposes outlined in Section 12.1-23-11 of the NDCC.


Hotels can obtain information necessary for verifying a customer's age, establishing a customer's identity, and confirming a customer's license status to operate a vehicle.


Yes, hotels can use the information for certain business transactions, such as verifying a check payment, evaluating creditworthiness, and detecting or reducing the risk of fraud.


Yes, hotels can disclose the information to certain entities under certain conditions, as outlined in Section 12.1-23-11 of the NDCC.


Yes, hotels must comply with all applicable federal and state privacy laws when using ID scanning technology.


Violations of the ID scanning laws can result in criminal charges, civil penalties, and potential liability in lawsuits.