{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-443.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-443.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-443.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-443.3.html"}],"law_id":77636,"edition_id":1,"section_id":77636,"structure_id":12862,"section_number":"59.1-443.3","catch_line":"Scanning information from driver’s license or other document; retention, sale, or dissemination of information","history":"2014, cc. 789, 795; 2020, cc. 542, 1227, 1246.","full_text":"A\n\nNo merchant may scan the machine-readable zone of a driver’s license or other document issued by the Department of Motor Vehicles under Chapter 3 (\u00a7 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, except for the following purposes:1\n\nTo verify authenticity of the driver’s license or other document or to verify the identity of the individual if the individual requests a service pursuant to a membership or a service agreement, pays for goods or services with a method other than cash, returns an item, or requests a refund or an exchange;2\n\nTo verify the individual’s age when providing age-restricted goods or services to the individual if there is a reasonable doubt of the individual having reached 18 years of age or older;3\n\nTo prevent fraud or other criminal activity if the individual returns an item or requests a refund or an exchange and the merchant uses a fraud prevention service company or system. Information collected by scanning an individual’s driver’s license or other document pursuant to this subdivision shall be limited to the individual’s name, address, and date of birth and the number of the driver’s license or other document;4\n\nTo comply with a requirement imposed on the merchant by the laws of the Commonwealth or federal law;5\n\nTo provide to a check services company regulated by the federal Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq.), that receives information obtained from an individual’s driver’s license or other document to administer or enforce a transaction or to prevent fraud or other criminal activity; or6\n\nTo complete a transaction permitted under the federal Gramm-Leach-Bliley Act, (15 U.S.C. § 6801 et seq.), or the federal Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq.).B\n\nNo merchant shall retain any information obtained from a scan of the machine-readable zone of an individual’s driver’s license or other document except as permitted in subdivision A 1, 3, 4, 5, or 6. The merchant shall destroy the retained information when the purpose for which it was provided and retained under this section has been satisfied.C\n\nNo merchant shall sell or disseminate to a third party any information obtained from a scan of the machine-readable zone of an individual’s driver’s license or other document for any marketing, advertising, or promotional purpose. This subsection shall not prohibit a merchant from disseminating to a third party any such information for a purpose described in subdivision A 3, 4, 5, or 6.D\n\nAny waiver of a provision of this section is contrary to public policy and is void and unenforceable.","order_by":null,"text":{"0":{"id":278497,"text":"No merchant may scan the machine-readable zone of a driver’s license or other document issued by the Department of Motor Vehicles under Chapter 3 (\u00a7 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, except for the following purposes:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":278498,"text":"To verify authenticity of the driver’s license or other document or to verify the identity of the individual if the individual requests a service pursuant to a membership or a service agreement, pays for goods or services with a method other than cash, returns an item, or requests a refund or an exchange;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":278499,"text":"To verify the individual’s age when providing age-restricted goods or services to the individual if there is a reasonable doubt of the individual having reached 18 years of age or older;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":278500,"text":"To prevent fraud or other criminal activity if the individual returns an item or requests a refund or an exchange and the merchant uses a fraud prevention service company or system. Information collected by scanning an individual’s driver’s license or other document pursuant to this subdivision shall be limited to the individual’s name, address, and date of birth and the number of the driver’s license or other document;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":278501,"text":"To comply with a requirement imposed on the merchant by the laws of the Commonwealth or federal law;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":278502,"text":"To provide to a check services company regulated by the federal Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq.), that receives information obtained from an individual’s driver’s license or other document to administer or enforce a transaction or to prevent fraud or other criminal activity; or","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":278503,"text":"To complete a transaction permitted under the federal Gramm-Leach-Bliley Act, (15 U.S.C. § 6801 et seq.), or the federal Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq.).","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":278504,"text":"No merchant shall retain any information obtained from a scan of the machine-readable zone of an individual’s driver’s license or other document except as permitted in subdivision A 1, 3, 4, 5, or 6. The merchant shall destroy the retained information when the purpose for which it was provided and retained under this section has been satisfied.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":278505,"text":"No merchant shall sell or disseminate to a third party any information obtained from a scan of the machine-readable zone of an individual’s driver’s license or other document for any marketing, advertising, or promotional purpose. This subsection shall not prohibit a merchant from disseminating to a third party any such information for a purpose described in subdivision A 3, 4, 5, or 6.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"9":{"id":278506,"text":"Any waiver of a provision of this section is contrary to public policy and is void and unenforceable.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12862,"edition_id":1,"name":"Personal Information Privacy Act","identifier":"35","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":261523,"object_type":"structure","relational_id":12862,"identifier":"35","token":"59.1\/35","url":"\/59.1\/35\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":53997,"structure_id":12862,"section_number":"59.1-442","catch_line":"Sale of purchaser information; notice required","url":"\/59.1-442\/","token":"59.1\/35\/59.1-442","metadata":false},{"id":71438,"structure_id":12862,"section_number":"59.1-443","catch_line":"Exceptions","url":"\/59.1-443\/","token":"59.1\/35\/59.1-443","metadata":false},{"id":70216,"structure_id":12862,"section_number":"59.1-443.1","catch_line":"Recording date of birth as condition of accepting checks prohibited","url":"\/59.1-443.1\/","token":"59.1\/35\/59.1-443.1","metadata":false},{"id":81199,"structure_id":12862,"section_number":"59.1-443.2","catch_line":"Restricted use of social security numbers","url":"\/59.1-443.2\/","token":"59.1\/35\/59.1-443.2","metadata":false},{"id":77636,"structure_id":12862,"section_number":"59.1-443.3","catch_line":"Scanning information from driver's license or other document; retention, sale, or dissemination of information","url":"\/59.1-443.3\/","token":"59.1\/35\/59.1-443.3","metadata":false},{"id":65449,"structure_id":12862,"section_number":"59.1-444","catch_line":"Damages","url":"\/59.1-444\/","token":"59.1\/35\/59.1-444","metadata":false}],"previous_section":{"id":81199,"structure_id":12862,"section_number":"59.1-443.2","catch_line":"Restricted use of social security numbers","url":"\/59.1-443.2\/","token":"59.1\/35\/59.1-443.2","metadata":false},"next_section":{"id":65449,"structure_id":12862,"section_number":"59.1-444","catch_line":"Damages","url":"\/59.1-444\/","token":"59.1\/35\/59.1-444","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-443.3\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapters 789<\/a> and 795<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2020, chapters 542<\/a>, 1227<\/a>, and 1246<\/a>.<\/p>","references":[{"id":53997,"section_number":"59.1-442","catch_line":"Sale of purchaser information; notice required","order_by":null,"url":"\/59.1-442\/"}],"refers_to":[{"id":61610,"section_number":"46.2-300","catch_line":"Driving without license prohibited; penalties","order_by":null,"url":"\/46.2-300\/"}],"permalink":{"id":261541,"object_type":"law","relational_id":77636,"identifier":"59.1-443.3","token":"59.1\/35\/59.1-443.3","url":"\/59.1-443.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-443.3\/","token":"59.1\/35\/59.1-443.3","dublin_core":{"Title":"Scanning information from driver’s license or other document; retention, sale, or dissemination of information","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-443.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No merchant may scan the machine-readable zone of a driver’s license or other document issued by the Department of Motor Vehicles under Chapter 3 (\u00a7 46.2-300<\/a> et seq.) of Title 46.2 or the comparable law<\/span> of another jurisdiction<\/span>, except for the following purposes: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To verify authenticity of the driver’s license or other document or to verify the identity of the individual if the individual requests a service pursuant to a membership or a service agreement, pays for goods or services with a method other than cash, returns an item, or requests a refund or an exchange; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To verify the individual’s age when providing age-restricted goods or services to the individual if there is a reasonable doubt<\/span> of the individual having reached 18 years of age or older; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To prevent fraud<\/span> or other criminal activity if the individual returns an item or requests a refund or an exchange and the merchant uses a fraud<\/span> prevention service company or system. Information collected by scanning an individual’s driver’s license or other document pursuant to this subdivision shall be limited to the individual’s name, address, and date of birth and the number of the driver’s license or other document; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To comply with a requirement imposed on the merchant by the laws<\/span> of the Commonwealth or federal law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To provide to a check services company regulated by the federal Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq.), that receives information obtained from an individual’s driver’s license or other document to administer or enforce a transaction or to prevent fraud<\/span> or other criminal activity; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To complete a transaction permitted under the federal Gramm-Leach-Bliley Act, (15 U.S.C. § 6801 et seq.), or the federal Fair Credit Reporting Act, (15 U.S.C. § 1681 et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No merchant shall retain any information obtained from a scan of the machine-readable zone of an individual’s driver’s license or other document except as permitted in subdivision A 1, 3, 4, 5, or 6. The merchant shall destroy the retained information when the purpose for which it was provided and retained under this section has been satisfied. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No merchant shall sell or disseminate to a third party<\/span> any information obtained from a scan of the machine-readable zone of an individual’s driver’s license or other document for any marketing, advertising, or promotional purpose. This subsection shall not prohibit a merchant from disseminating to a third party<\/span> any such information for a purpose described in subdivision A 3, 4, 5, or 6. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any waiver<\/span> of a provision of this section is contrary to public policy and is void and unenforceable. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSCANNING INFORMATION FROM DRIVER’S LICENSE OR OTHER DOCUMENT; RETENTION,\nSALE, OR DISSEMINATION OF INFORMATION (\u00a7 59.1-443.3)\n\nA. No merchant may scan the machine-readable zone of a driver’s license or\nother document issued by the Department of Motor Vehicles under Chapter 3 (\u00a7\n46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction,\nexcept for the following purposes:\n\n 1. To verify authenticity of the driver’s license or other document or\n to verify the identity of the individual if the individual requests a service\n pursuant to a membership or a service agreement, pays for goods or services\n with a method other than cash, returns an item, or requests a refund or an\n exchange;\n\n 2. To verify the individual’s age when providing age-restricted goods or\n services to the individual if there is a reasonable doubt of the individual\n having reached 18 years of age or older;\n\n 3. To prevent fraud or other criminal activity if the individual returns an\n item or requests a refund or an exchange and the merchant uses a fraud\n prevention service company or system. Information collected by scanning an\n individual’s driver’s license or other document pursuant to this\n subdivision shall be limited to the individual’s name, address, and date\n of birth and the number of the driver’s license or other document;\n\n 4. To comply with a requirement imposed on the merchant by the laws of the\n Commonwealth or federal law;\n\n 5. To provide to a check services company regulated by the federal Fair Credit\n Reporting Act, (15 U.S.C. § 1681 et seq.), that receives information\n obtained from an individual’s driver’s license or other document\n to administer or enforce a transaction or to prevent fraud or other criminal\n activity; or\n\n 6. To complete a transaction permitted under the federal Gramm-Leach-Bliley\n Act, (15 U.S.C. § 6801 et seq.), or the federal Fair Credit Reporting\n Act, (15 U.S.C. § 1681 et seq.).\n\nB. No merchant shall retain any information obtained from a scan of the\nmachine-readable zone of an individual’s driver’s license or other\ndocument except as permitted in subdivision A 1, 3, 4, 5, or 6. The merchant\nshall destroy the retained information when the purpose for which it was\nprovided and retained under this section has been satisfied.\n\nC. No merchant shall sell or disseminate to a third party any information\nobtained from a scan of the machine-readable zone of an individual’s\ndriver’s license or other document for any marketing, advertising, or\npromotional purpose. This subsection shall not prohibit a merchant from\ndisseminating to a third party any such information for a purpose described in\nsubdivision A 3, 4, 5, or 6.\n\nD. Any waiver of a provision of this section is contrary to public policy and is\nvoid and unenforceable.\n\nHISTORY: 2014, cc. 789, 795; 2020, cc. 542, 1227, 1246.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}