Section 1798.90.1.


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  • (a) (1) Any business may swipe a driver's license or identification card issued by the Department of Motor Vehicles in any electronic device for the following purposes:

    (A) To verify age or the authenticity of the driver's license or identification card.

    (B) To comply with a legal requirement to record, retain, or transmit that information.

    (C) To transmit information to a check service company for the purpose of approving negotiable instruments, electronic funds transfers, or similar methods of payments, provided that only the name and identification number from the license or the card may be used or retained by the check service company.

    (D) To collect or disclose personal information that is required for reporting, investigating, or preventing fraud, abuse, or material misrepresentation.

    (2) A business may not retain or use any of the information obtained by that electronic means for any purpose other than as provided herein.

    (b) As used in this section, "business" means a proprietorship, partnership, corporation, or any other form of commercial enterprise.

    (c) A violation of this section constitutes a misdemeanor punishable by imprisonment in a county jail for no more than one year, or by a fine of no more than ten thousand dollars ($10,000), or by both.

(Added by Stats. 2003, Ch. 533, Sec. 4. Effective January 1, 2004.)