Privacy Law Library

Scanning or swiping driver's licenses and ID cards

Civ. Code 1798.90.1

Other · Data security

Businesses may electronically scan California driver's licenses and IDs only for listed purposes (age or ID verification, legal recordkeeping, check approval, fraud prevention) and may not keep or use the data for anything else.

Where
California
Citation
Cal. Civ. Code 1798.90.1
Status
In force
Last amended
2019-01-01
Enforced by
Local prosecutors
People can sue
No
Penalties
Misdemeanor: up to one year in county jail and/or a fine up to $10,000 (1798.90.1(c)).
Applies to
  • Businesses and organ procurement organizations that electronically scan or swipe California driver's licenses or ID cards

Practices it requires

  • Scan or swipe a DMV-issued license or ID only to verify age or authenticity, meet a legal recording requirement, approve a check or payment (name and ID number only), or prevent fraud.Cal. Civ. Code 1798.90.1(a)(1)
  • Do not retain or use information obtained by scanning for any other purpose.Cal. Civ. Code 1798.90.1(a)(3)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Original enactment date not determined.

Research reference, not legal advice.