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How does the new California privacy and ID scanning laws affect me?

In order to be in full compliance with the State of California amendment of Section 1798.90.01 of the civil code relating to privacy (amendment bill AB-2769), PatronScan will be making modifications to our existing software, which apply to the scanning of driver’s licenses or government issued identification cards.

CA Civ. Code 1798.90.1 has been in effect since 2004, limiting to only “swiping” a driver’s license for certain activities. AB 2769, which goes into effect January 1, 2019, now includes “scanning” a driver’s license, subject to the same limitations.

The law specifically permits PatronScan’s customers to use PatronScan kiosks to prevent underage drinking and the use of fake identification. Additionally, collecting and disclosing an individual’s personal information is clearly permitted by the statute to report, investigate, or prevent “abuse, fraud and material misrepresentation”.

On January 1st, 2019 the following changes were made to the PatronScan system:

Changes

Policy Prior to
Jan 1, 2019

Policy Effective
Jan 1, 2019

Retention of Scan Records

The time period that scan records are available before being permanently deleted, unless flagged for public safety concerns.

90 days

30 days

Ban Dispute Resolution Time

The time period that PatronScan will respond to investigation and disclosure requests.

30 days

10 days

Simple/Transparente Dispute Process

We have simplified the process for creating investigation and disclosure requests by minimizing the time it takes to create and send the form.

Print, Scan, and Email Form

Web Form

Categories for Bad Behavior

Limited categories for flagging a patron with bad behavior to the following:

  • Abuse/Fraud
  • Destruction of Property
  • Fake ID
  • Fighting
  • Physical Assault
  • Sexual Assault
  • Threatened Violence

Generic categories such as “Other” are no longer available to describe the rationale for flagging a patron.

Allowed generic categories to describe incidents

Specific categories to describe incidents

Limited Collection of Personal Data

Limits information collected from an ID to name, gender, photo, date of birth, and ZIP code. All other information such as address, or drivers license number not permitted.

Yes

Yes