Maryland SB 712: Consumer Protection – Scanning or Swiping Identification Cards and Driver’s Licenses – Prohibition

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0712*

SENATE BILL 712
I3 2lr0534
SB 34/20 – FIN CF 2lr0535
By: Senator Kagan
Introduced and read first time: February 7, 2022
Assigned to: Finance

A BILL ENTITLED

AN ACT concerning 1

Consumer Protection – Scanning or Swiping Identification Cards and Driver’s 2
Licenses – Prohibition 3

FOR the purpose of prohibiting a person from using a scanning device to scan or swipe an 4
identification card or a driver’s license of an individual to obtain the personal 5
information of the individual; prohibiting a person from retaining, selling, or 6
transferring to another person any information collected from scanning or swiping 7
an individual’s identification card or driver’s license under certain circumstances; 8
making a violation of this Act an unfair, abusive, or deceptive trade practice under 9
the Maryland Consumer Protection Act and subject to certain enforcement and 10
penalty provisions; and generally relating to scanning or swiping identification cards 11
and driver’s licenses. 12

BY repealing and reenacting, with amendments, 13
Article – Commercial Law 14
Section 13–301(14)(xxxiv) and (xxxv) 15
Annotated Code of Maryland 16
(2013 Replacement Volume and 2021 Supplement) 17

BY adding to 18
Article – Commercial Law 19
Section 13–301(14)(xxxvi) and 14–1327 20
Annotated Code of Maryland 21
(2013 Replacement Volume and 2021 Supplement) 22

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24

Article – Commercial Law 25

13–301. 26

2 SENATE BILL 712

Unfair, abusive, or deceptive trade practices include any: 1

(14) Violation of a provision of: 2

(xxxiv) The federal Servicemembers Civil Relief Act; [or] 3

(xxxv) [§] SECTION 11–210 of the Education Article; or 4

(XXXVI) SECTION 14–1327 OF THIS ARTICLE; OR 5

14–1327. 6

(A) IN THIS SECTION, “SCANNING DEVICE” MEANS A BAR CODE SCANNER, A 7
MAGNETIC STRIPE READER, OR ANY OTHER DEVICE OR COMBINATION OF DEVICES 8
THAT IS CAPABLE OF DECIPHERING, IN AN ELECTRONICALLY READABLE FORMAT, 9
THE INFORMATION ELECTRONICALLY ENCODED IN A BAR CODE OR MAGNETIC 10
STRIPE. 11

(B) (1) THIS SECTION DOES NOT APPLY TO A PERSON THAT USES A 12
SCANNING DEVICE TO SCAN OR SWIPE AN INDIVIDUAL’S IDENTIFICATION CARD OR 13
DRIVER’S LICENSE TO: 14

(I) VERIFY THE AUTHENTICITY OF THE IDENTIFICATION CARD 15
OR DRIVER’S LICENSE; 16

(II) VERIFY THE AGE OF THE INDIVIDUAL WHO POSSESSES THE 17
IDENTIFICATION CARD OR DRIVER’S LICENSE; 18

(III) RECORD, RETAIN, OR TRANSMIT INFORMATION AS 19
REQUIRED BY LAW; OR 20

(IV) TRANSMIT THE NAME AND IDENTIFICATION CARD NUMBER 21
OR DRIVER’S LICENSE NUMBER OF AN INDIVIDUAL TO A CHECK SERVICE COMPANY: 22

1. FOR THE PURPOSE OF APPROVING, EFFECTING, 23
ADMINISTERING, OR ENFORCING NEGOTIABLE INSTRUMENTS, ELECTRONIC FUNDS 24
TRANSFERS, OR OTHER SIMILAR METHODS OF PAYMENT; OR 25

2. TO PREVENT FRAUD OR OTHER CRIMINAL ACTIVITY. 26

(2) THIS SECTION DOES NOT PROHIBIT A LAW ENFORCEMENT 27
OFFICER FROM USING A SCANNING DEVICE TO SCAN OR SWIPE AN INDIVIDUAL’S 28
IDENTIFICATION CARD OR DRIVER’S LICENSE TO RECORD, RETAIN, OR TRANSMIT 29
INFORMATION IF THE LAW ENFORCEMENT OFFICER IS ACTING WITHIN THE SCOPE 30

SENATE BILL 712 3

OF THE OFFICER’S OFFICIAL DUTIES. 1

(3) THIS SECTION DOES NOT APPLY TO A DEPOSITORY INSTITUTION 2
THAT USES A SCANNING DEVICE TO SCAN OR SWIPE AN INDIVIDUAL’S 3
IDENTIFICATION CARD OR DRIVER’S LICENSE IN CONNECTION WITH: 4

(I) A DEPOSIT ACCOUNT OPENED OR TO BE OPENED BY THE 5
INDIVIDUAL AT THE DEPOSITORY INSTITUTION; 6

(II) A LOAN MADE OR TO BE MADE TO THE INDIVIDUAL OR HELD 7
OR SERVICED BY THE DEPOSITORY INSTITUTION; OR 8

(III) ANOTHER SERVICE OR PRODUCT REQUESTED BY THE 9
INDIVIDUAL FROM THE DEPOSITORY INSTITUTION. 10

(4) THIS SECTION DOES NOT PROHIBIT A PERSON, FOR A LEGITIMATE 11
BUSINESS PURPOSE, FROM PHOTOCOPYING THE IDENTIFICATION CARD OR 12
DRIVER’S LICENSE OF AN INDIVIDUAL AND RETAINING THE PHOTOGRAPHIC COPY. 13

(C) A PERSON MAY NOT: 14

(1) USE A SCANNING DEVICE TO SCAN OR SWIPE AN IDENTIFICATION 15
CARD OR A DRIVER’S LICENSE OF AN INDIVIDUAL TO OBTAIN PERSONAL 16
INFORMATION OF THE INDIVIDUAL; 17

(2) RETAIN ANY INFORMATION COLLECTED FROM SCANNING OR 18
SWIPING AN INDIVIDUAL’S IDENTIFICATION CARD OR DRIVER’S LICENSE; OR 19

(3) SELL OR TRANSFER TO ANOTHER PERSON ANY INFORMATION 20
COLLECTED FROM SCANNING OR SWIPING AN INDIVIDUAL’S IDENTIFICATION CARD 21
OR DRIVER’S LICENSE EXCEPT AS REQUIRED BY LAW. 22

(D) A VIOLATION OF THIS SECTION IS: 23

(1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN 24
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 25

(2) SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS 26
CONTAINED IN TITLE 13 OF THIS ARTICLE. 27

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2022. 29