2013 ORS § 807.750¹
Restrictions on swiping driver licenses or identification cards

(1) As used in this section:

(a) Driver license means a license or permit issued by this state or any other jurisdiction as evidence of a grant of driving privileges.

(b) Identification card means the card issued under ORS 807.400 (Issuance) or a comparable provision in another state.

(c) Personal information means an individuals name, address, date of birth, photograph, fingerprint, biometric data, driver license number, identification card number or any other unique personal identifier or number.

(d) Private entity means any nongovernmental entity, such as a corporation, partnership, company or nonprofit organization, any other legal entity or any natural person.

(e) Swipe means the act of passing a driver license or identification card through a device that is capable of deciphering, in an electronically readable format, the information electronically encoded in a magnetic strip or bar code on the driver license or identification card.

(2) Except as provided in subsection (6) of this section, a private entity may not swipe an individuals driver license or identification card, except for the following purposes:

(a) To verify the authenticity of a driver license or identification card or to verify the identity of the individual if the individual pays for a good or service with a method other than cash, returns an item or requests a refund.

(b) To verify the individuals age when providing an age-restricted good or service to any person about whom there is any reasonable doubt of the persons having reached 21 years of age.

(c) To prevent fraud or other criminal activity if an individual returns an item or requests a refund and the private entity uses a fraud prevention service company or system.

(d) To transmit information to a check services company for the purpose of approving negotiable instruments, electronic funds transfers or similar methods of payment.

(3) A private entity that swipes an individuals driver license or identification card under subsection (2)(a) or (b) of this section may not store, sell or share personal information collected from swiping the driver license or identification card.

(4) A private entity that swipes an individuals driver license or identification card under subsection (2)(c) or (d) of this section may store or share the following information collected from swiping an individuals driver license or identification card for the purpose of preventing fraud or other criminal activity against the private entity:

(a) Name;

(b) Address;

(c) Date of birth; and

(d) Driver license number or identification card number.

(5)(a) A person other than an entity regulated by the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., who receives personal information from a private entity under subsection (4) of this section may use the personal information received only to prevent fraud or other criminal activity against the private entity that provided the personal information.

(b) A person who is regulated by the federal Fair Credit Reporting Act and who receives personal information from a private entity under subsection (4) of this section may use or provide the personal information received only to effect, administer or enforce a transaction or prevent fraud or other criminal activity, if the person provides or receives personal information under contract from the private entity.

(6)(a) Subject to the provisions of this subsection, a private entity that is a commercial radio service provider that provides service nationally and that is subject to the Telephone Records and Privacy Protection Act of 2006 (18 U.S.C. 1039) may swipe an individuals driver license or identification card if the entity obtains permission from the individual to swipe the individuals driver license or identification card.

(b) The private entity may swipe the individuals driver license or identification card only for the purpose of establishing or maintaining a contract between the private entity and the individual. Information collected by swiping an individuals driver license or identification card for the establishment or maintenance of a contract shall be limited to the following information from the individual:

(A) Name;

(B) Address;

(C) Date of birth; and

(D) Driver license number or identification card number.

(c) If the individual does not want the private entity to swipe the individuals driver license or identification card, the private entity may manually collect the following information from the individual:

(A) Name;

(B) Address;

(C) Date of birth; and

(D) Driver license number or identification card number.

(d) The private entity may not withhold the provision of goods or services solely as a result of the individual requesting the collection of the following information from the individual through manual means:

(A) Name;

(B) Address;

(C) Date of birth; and

(D) Driver license number or identification card number.

(7) A governmental entity may swipe an individuals driver license or identification card only if:

(a) The individual knowingly makes the driver license or identification card available to the governmental entity;

(b) The governmental entity lawfully confiscates the driver license or identification card;

(c) The governmental entity is providing emergency assistance to the individual who is unconscious or otherwise unable to make the driver license or identification card available; or

(d) A court rule requires swiping of the driver license or identification card to facilitate accurate linking of court records pertaining to the individual.

(8) In addition to any other remedy provided by law, an individual may bring an action to recover actual damages or $1,000, whichever is greater, and to obtain equitable relief, if equitable relief is available, against an entity that swipes, stores, shares, sells or otherwise uses the individuals personal information in violation of this section. A court shall award a prevailing plaintiff reasonable costs and attorney fees. If a court finds that a violation of this section was willful or knowing, the court may increase the amount of the award to no more than three times the amount otherwise available.

(9) Any waiver of a provision of this section is contrary to public policy and is void and unenforceable. [2009 c.546 §2]

Note: See note under 807.745 (Findings regarding personal information contained in driver licenses, driver permits and identification cards).

CHAPTER 808

[Reserved for expansion]

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