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#2186545 - 07/23/18 09:27 PM Oregon State Law- ID Swiping vs. Scanning
Permissible Purpose Offline
Member
Joined: Sep 2017
Posts: 56
Hi,

I am wondering if there are any Oregon compliance officers who may have come across a particular state law that provides that private entities cannot "swipe" a DL or ID to obtain basic information about an individual with the exception of only certain situations that are provided in the law.

The law that I am referencing is ORS 807.750.

I am wondering if taking a picture of the ID via phone would fall under this law. The law specifically states "swiping' and defined swiping as:

“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.


If the bank or CU requests that the applicant scan their ID and send via electronic transmission (which is much different than physically running the card through a device) would this be considered a violation of this particular state law?

My take is that it is not the same process of obtaining the information. The process on the front-end is different. One process involves using a phone to scan and capture info whereas "swiping" is the process of physically running the card through some sort of card reader.

If anyone has come across this issue and could share their take, it would be really appreciated.

Thank you,

John

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#2188636 - 08/09/18 08:12 PM Re: Oregon State Law- ID Swiping vs. Scanning Permissible Purpose
rainman Offline
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rainman
Joined: Nov 2004
Posts: 3,021
Taking a picture or imaging the license is not a problem. Your description of "scanning" sounds like photoscanning (i.e. the imaging version of photocopying) - the scanner creates an electronic image or picture of the license. That is not the type of scanning that is prohibited. The scanning that is prohibited is using a device (a reader) to extract the data that is embedded in the license in a QR Code (or something like that). If you are doing something (even optical imaging) that images or reads the information printed on the license in English and numbers, it's not a problem.
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