Canada has tougher privacy laws than the US and ID Scanners are legal if used in the following manner. The Canadian federal Personal Information Protection and Electronic Documents Act says “The identified purposes should be specified at or before the time of collection to the individual from whom the personal information is collected…orally or in writing.”
The following information is pulled from the “Guides for Licensed Premises: Collecting Using and Disclosing Personal Information of Patrons” information packet, provided by the Office of the Information and Privacy Commissioner of Alberta. If the link no longer works, please find the backup link here.
To use an ID Scanner in Canada, a venue must do one of the following.
1.) If the data is not being stored in a database, then using an ID Scanner is not an issue at all because its just like the bouncer looking (and immediately forgetting) the personal data on the ID.
2.) If the data is being stored, then a sign should be displayed at the ID Scanning location which says something like
- We are using an ID Scanner to Check Age or
We are using an ID Scanner to Check Age and for Marketing Purposes
- We do this to protect our business and the patrons who visit our business
- The information collected will not be sold or rented.
- Optional – We will delete this information after X days – Optional
- You have the right to opt out by simply not visiting our facility and we have the right to deny you admission to the facility.
- If you allow your ID to be scanned, then you agree to let us use your drivers license data for the use(s) specified above.
Disclaimers – TokenWorks is not a legal expert and therefore the above comments should be checked with the legal experts in the reader’s jurisdiction.
Bottom line – Tell people what you are going to do with the drivers license data and give them the option of opting out.