Noah Vinter
When your ID is scanned when buying alcohol, the scanner reads the barcode to verify your name, address, and birthdate. While stores claim they do not store any information, privacy watchdog groups have raised concerns about data brokers and the lack of legal protection for consumers. The legality of ID scanning varies by state and local regulations, with some states requiring ID scanning for alcohol sales, while others prohibit it. Retailers argue that scanning IDs helps prevent sales to minors, but lawsuits have been filed in states like Oregon, alleging that universal ID scanning violates state law and privacy rights. Ultimately, the practice of ID scanning aims to balance the need to prevent underage alcohol sales with the privacy rights of consumers.
| Characteristics | Values |
|---|---|
| Purpose | To catch fake IDs, ensure the person is who they say they are, and prevent the sale of alcohol to minors |
| Information collected | Name, address, and birthdate |
| Legal requirements | It depends on the state and local regulations. Some states require ID scanning for the sale of alcohol, while others offer protections for businesses that practice ID scanning for age-restricted products. |
| Privacy concerns | Privacy watchdog groups have expressed concerns about the potential for data brokers to access and store scanned ID information. Efforts to enact privacy protections in states like New York have been ongoing since 2014. |
| Business policies | Some businesses have implemented universal ID checks for alcohol purchases, requiring anyone looking to buy alcohol to be carded and have their ID scanned, regardless of age. |
| Employee guidelines | Employees should ask for ID from anyone who appears youthful and possibly under the age of 21. Managers should support their employees' decisions to refuse service if there are doubts about an ID. |
| ID verification techniques | Sellers of alcoholic beverages should physically handle the ID and check for security features, such as laser-engraved tactile signatures and dates of birth. They should also examine the rigidity, thickness, and smoothness of the card. |
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What You'll Learn
Age verification
In the United States, the legal drinking age is 21, and businesses are responsible for ensuring that they do not sell alcohol to minors. While some states, like Pennsylvania, require ID scanning for specific alcohol sales (e.g., to-go sales), other states may have different regulations. For example, in Michigan, ID scans are mandated for online tobacco sales. Ultimately, businesses should refer to their state's laws to understand the specific requirements for ID scanning.
ID Scanning Process
When an ID is scanned, the machine reads the barcode to extract basic information such as name, address, and birthdate. This process is similar to how scanners are used at airports to detect fraudulent documents. The primary purpose of ID scanning is to verify the authenticity of the ID and confirm that the customer meets the age requirement for the purchase of restricted products.
Protection for Businesses
ID scanning offers legal protection to businesses that inadvertently sell age-restricted products to minors. In some states, there are "affirmative defense" laws, which mean that using an ID scanner can provide evidence that the business took reasonable precautions to prevent underage sales. This could potentially shield the business from fines and lawsuits if a minor uses a fake ID that passes the ID scan.
Privacy Concerns
While ID scanning enhances age verification accuracy, it has raised privacy concerns. Privacy watchdog groups worry about the potential for data brokers to access and store scanned ID information. In response, some states, like New Hampshire, have prohibited ID scanning, while others are considering similar legislation to protect individuals' privacy.
Visual Inspection of IDs
In addition to ID scanning, businesses should also train their employees on how to visually inspect IDs for signs of tampering or forgery. The F-L-A-G system is a recommended method to help spot false or borrowed identification. Employees should examine the rigidity, weight, thickness, and smoothness of the card, as well as look for alterations, typeface inconsistencies, and spelling errors.
In summary, age verification through ID scanning is a tool used by businesses to comply with laws restricting the sale of alcohol and tobacco to minors. While it aids in age verification and provides some legal protection to businesses, it also raises privacy concerns that are being addressed through legislation in various states.
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Data privacy concerns
ID scanning is becoming increasingly common in stores that sell age-restricted products, such as alcohol and tobacco. While this practice is often used to prevent the sale of these products to minors, it has raised concerns about data privacy. Individuals may be concerned about what information is being collected, stored, or shared when their ID is scanned, and whether this data is being used to track their purchases or monitor their behaviour.
In some states, ID scanning is required for certain transactions, such as to-go alcohol sales in Pennsylvania and online tobacco sales in Michigan. Other states, like New Hampshire, prohibit ID scanning altogether. However, even when it's not required, businesses may choose to scan IDs to protect themselves from unknowingly selling to minors. This is known as "affirmative defence", and eleven states offer legal protections for businesses that practice ID scanning for this purpose.
When an ID is scanned, the machine typically reads the barcode on the back of the ID card to verify the customer's age. In some cases, the machine may also capture the customer's name, address, and birthdate. While retailers claim that this information is not stored or shared, there are concerns that it could be accessed by third parties or used for profiling or marketing purposes without the individual's consent.
To address these concerns, some states are considering legislation to protect the privacy of individuals when their IDs are scanned. For example, a bill in New York aims to "prevent the scanning of an individual’s New York State driver’s license or identification card by any entity except in certain specific circumstances, and to prevent the collection, dissemination, or sale of such information to any third party." However, such legislation has been slow to progress, leaving individuals' data potentially vulnerable to misuse or exploitation.
To protect their privacy, individuals should be aware of their rights and the laws in their state regarding ID scanning. They should also be cautious about providing their ID for scanning and consider alternative forms of verification when possible. Additionally, they can contact the stores and businesses that scan IDs to inquire about their data retention and protection policies.
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ID scanning laws
Some states, like Alabama and Colorado, do not regulate a business's ability to retain information from a scan, while others, like Oregon, have laws in place to protect consumer privacy and prevent data breaches. In Oregon, retailers are not allowed to scan driver's licenses unless there is a valid reason, and the Oregon Liquor and Cannabis Commission specifically permits the sale of alcohol using age verification equipment.
ID scanning can be beneficial for businesses, helping to catch fake IDs, reduce errors, and quickly check driver's licenses. It can also protect businesses from fines and lawsuits if an underage customer uses a fake ID that passes an ID scan. Eleven states have "affirmative defense" laws that offer protections for businesses that practice ID scanning for age-restricted products. However, some customers may have privacy concerns and refuse to have their IDs scanned.
When it comes to purchasing alcohol, some states, like Oklahoma, allow retailers to scan IDs to verify customers are over 21, but this also gives them access to personal information. While it is unlikely that law enforcement will access this information, it is still a concern for some consumers.
Overall, the legality of ID scanning for alcohol purchases varies depending on the state and local regulations. Businesses should be aware of the laws in their specific state and choose ID scanning software that allows them to customize data collection and retention parameters accordingly.
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Training staff
Understanding the Purpose of ID Scanning
Staff should be aware that the primary purpose of ID scanning is to prevent the sale of alcohol to minors. Emphasize that it is not meant to invade customers' privacy but to ensure compliance with the law. In some states, ID scanning is required for alcohol sales, while in others, it is optional but can provide legal protection if a business unknowingly sells to a minor.
Knowing the Legal Requirements
Staff should be trained on the specific ID scanning laws in their state. For example, some states require ID scanning for alcohol sales, while others may only recommend it. Staff should also understand the acceptable forms of identification, such as government-issued IDs, military IDs, or passports. Review the legal consequences of selling alcohol to minors, including misdemeanors and felonies, to emphasize the importance of ID scanning.
Implementing Consistent ID Checking Procedures
Train staff to consistently check IDs for all customers who appear youthful, regardless of their apparent age. This helps to avoid age discrimination and ensures fairness. Implement systematic methods for checking IDs, such as the F-L-A-G system, to spot false or borrowed IDs. Staff should also physically handle the ID to feel its rigidity and check for smooth, rounded edges, which are typical of authentic IDs.
Using ID Scanning Technology Effectively
Provide training on how to use the ID scanning technology adopted by your business. This includes instructing staff on how to scan barcodes on drivers' licenses and understanding the results of the scan. Assure staff that most ID scanners only capture basic information, such as name, address, and birthdate, to verify age, and do not store personal data.
Handling Refusals and Suspicious IDs
Train staff on the appropriate responses when customers refuse to provide ID or when an ID appears suspicious. Instruct them to refuse the sale of alcohol if they have any doubts about the authenticity of the ID. Educate staff about common signs of fake IDs, such as alterations, spelling errors, or unusual typeface. Display signs informing customers of the ID requirements for purchasing alcohol and the consequences of providing false information.
Maintaining Regular Training Updates
Keep staff informed about any changes in ID scanning laws and best practices. Regularly review the ID checking procedures and provide opportunities for staff to ask questions and share experiences. Stay up to date with legal developments, such as the ongoing discussions around privacy protections for ID scanning in certain states.
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Physical ID checks
When conducting a physical ID check, sellers should ask customers to remove the ID from their wallet or ID holder to physically examine the card. They can feel the card to check its rigidity, as fake IDs often have a different weight and thickness. The edges of a real ID card should be smooth and rounded. Additionally, IDs may have security features such as a laser-engraved tactile signature and date of birth with raised letters and numbers.
It is important to take your time when examining the ID. Look for any alterations, spelling errors, or font size discrepancies, as these could indicate a counterfeit. Calculate the person's age based on the date of birth to ensure they are of legal age to purchase alcohol. If there are any doubts about the ID's authenticity or the person's age, the sale should be refused.
In some cases, businesses may require ID scans for all customers, regardless of their apparent age. While this helps eliminate guesswork and ensures compliance with age restrictions, it has also raised privacy concerns. Some states, like Oregon, have laws prohibiting the swiping of driver's licenses except under specific circumstances, and lawsuits have been filed against retailers for allegedly violating these laws.
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Frequently asked questions
Scanners typically read the barcode on your ID and collect information such as your name, address, and birthdate.
It depends on your location. While some states, such as Utah, Pennsylvania, Nevada, Missouri, Illinois, and Arizona, require ID scans for alcohol sales, others, like Oregon, consider it illegal.
Retailers claim that they do not store any customer information. However, privacy watchdog groups have expressed concerns about potential privacy breaches and the lack of legal protections in place.
