Maryland Senate Bill SB861

Maryland 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/6/23

Caption

Consumer Protection - Scanning or Swiping Identification Cards and Driver's Licenses - Prohibition

Impact

The passing of SB861 would amend the existing Commercial Law in Maryland, specifically regarding what constitutes an unfair, abusive, or deceptive trade practice. The bill outlines specific measures and restrictions on how personal information derived from identification cards and driver's licenses can be acquired and managed. By making violations of this Act categorically fall under unfair trade practices, the bill would enable consumers to seek recourse through the legal framework established for consumer protection. This creates a pathway for individuals to report and seek penalties against businesses that violate the stipulations laid out in this legislation.

Summary

Senate Bill 861 aims to enhance consumer protection concerning the use of scanning devices to obtain personal information from identification cards and driver's licenses. This bill establishes a prohibition against using such devices for the unauthorized collection of personal data, thereby aiming to safeguard individuals from potential misuse of their information. With an emphasis on privacy, the bill seeks to ensure that consumers' personal identification details are not exploited or mishandled by businesses and other organizations.

Contention

While the bill garners support for its consumer-centric approach, it may also raise concerns amongst businesses that utilize scanning devices for legitimate purposes. Certain provisions allow for scanning in limited contexts—such as verifying age or authenticity of identification when legally required—but critics argue that the definition of 'scanning device' and the restrictions may impose unnecessary burdens on businesses like bars and retail establishments. Moreover, government entities performing lawful duties to prevent fraud could find the restrictions challenging in some scenarios, potentially leading to debates about balance between consumer privacy and the operational realities businesses face.

Notable_points

Notable discussions surrounding SB861 have included the need for clearer definitions of key terms such as 'scanning device' and the specifics regarding various exceptions under which scanning is permitted. This has led to a broader examination of data protection laws in the context of advancing technology and data privacy threats. The emphasis on consumer rights in SB861 highlights growing public awareness and concern regarding data protection, especially in a digital age where the unauthorized use of personal information has become alarmingly prevalent.