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Ohio
ID Scanning Laws
In Ohio, the laws specifically regulating a business’s practice of scanning driver’s licenses are primarily in the context of selling age-restricted goods such as alcohol, tobacco, and pseudoephedrine/ephedrine. Otherwise, there is no law generally regulating a business’s practice of scanning IDs. This information is based on the Ohio Revised Code Section 4301.61, which was last updated on September 29, 2015, under House Bill 64 of the 131st General Assembly.
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The Legal Framework
Ohio ID Scanning Laws and Regulations
What You Need to Know
In the context of a hotel, ID scanning is typically used to verify a guest’s identity during check-in. However, if the hotel also sells alcohol, either in a restaurant or through room service, the laws surrounding ID scanning become more specific.
According to Ohio law, a permit holder, or an agent or employee of a permit holder, may perform a transaction scan to check the validity of a driver’s or commercial driver’s license or identification card. This scan can be performed as a condition for selling any beer, intoxicating liquor, or low-alcohol beverage.
The law also stipulates that if the information deciphered by the transaction scan fails to match the information printed on the driver’s or commercial driver’s license or identification card, or if the transaction scan indicates that the information is false or fraudulent, the permit holder or any agent or employee of the permit holder shall not sell any beer, intoxicating liquor, or low-alcohol beverage to the card holder.
Data Privacy and ID Scanning
Ohio law is clear about the data privacy aspects of ID scanning. No permit holder or agent or employee of a permit holder shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card, and the expiration date and identification number of the driver’s or commercial driver’s license or identification card.
Furthermore, the law prohibits the use of this information for any purpose other than those listed in the statute. This means that the information cannot be used for marketing, advertising, or promotional activities. The information can only be released pursuant to a court order or as specifically authorized by another section of the Ohio Revised Code.
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, a hotel in Ohio can scan your ID to verify your identity during check-in or when selling age-restricted goods such as alcohol.
Ohio law allows hotels to retain only your name, date of birth, the expiration date of your ID, and your ID's identification number.
No, Ohio law prohibits the use of ID scan information for marketing, advertising, or promotional activities.
If the information from the scan does not match the information on your ID, or if the scan indicates that the information on your ID is false or fraudulent, the hotel cannot sell you any beer, intoxicating liquor, or low-alcohol beverage.
A hotel can only release your ID scan information pursuant to a court order or as specifically authorized by another section of the Ohio Revised Code.
Violations of Ohio's ID scanning laws can result in a civil penalty of up to one thousand dollars for each violation.
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