60-4,111.01 Storage or compilation of information; retailer; authorized acts; sign posted; use of stored information; approval of negotiable instrument or certain payments; authorized acts; violations
60-4,111.01. Storage orcompilation of information; retailer;authorized acts; sign posted; use of stored information; approval of negotiableinstrument or certain payments; authorized acts; violations; penalty.(1) The Department of Motor Vehicles, the courts, or law enforcementagencies may store or compile information acquired from an operator's licenseor a state identificationcard for their statutorily authorized purposes.(2) Except as otherwise provided in subsection(3) or (4) of this section, no person having use of or accessto machine-readable information encoded on an operator's license or a stateidentification card shall compile, store, preserve, trade, sell,or share such information. Anyperson who trades, sells, or shares such information shall be guilty of aClass IV felony. Any person who compiles, stores, or preserves such informationexcept as authorized in subsection (3) or (4) of this section shall be guiltyof a Class IV felony.(3)(a) Forpurposes of compliance with and enforcement of restrictions on the purchaseof alcohol, lottery tickets, and tobacco products, a retailer who sells anyof such items pursuant to a license issued or a contract under the applicablestatutory provision may scan machine-readable information encoded on an operator'slicense or a state identification card presented for the purpose of such asale. The retailer may store only the following information obtained fromthe license or card: Age and license or card identification number. The retailershall post a sign at the point of sale of any of such items stating that thelicense or card will be scanned and that the age and identification numberwill be stored. The stored information may only be used by a law enforcementagency for purposes of enforcement of the restrictions on the purchase ofalcohol, lottery tickets, and tobacco products and may not be shared withany other person or entity. The retailer shall utilize software that storesonly the information allowed by this subsection. A programmer for computersoftware designed to store such information shall certify to the retailerthat the software stores only the information allowed by this subsection.Intentional or grossly negligent programming by the programmer which allowsfor the storage of more than the age and identification number or wrongfullycertifying the software shall be a Class IV felony. A retailer who knowinglystores more information than the age and identification number from the operator'slicense or state identification card shall be guilty of a Class IV felony.(b) Informationscanned, compiled, stored, or preserved pursuant to subdivision (a) of thissubsection may not be retained longer than eighteen months unless requiredby state or federal law.(4) In order to approve a negotiable instrument, an electronic fundstransfer, or a similar method of payment, a person having use of or accessto machine-readable information encoded on an operator's license or a stateidentification card may:(a) Scan, compile, store, or preserve such information in orderto provide the information to a check services company subject to and in compliancewith the federal Fair Credit Reporting Act, 15 U.S.C. 1681, as such act existedon January 1, 2010, for the purpose of effecting, administering, or enforcinga transaction requested by the holder of the license or card or preventingfraud or other criminal activity; or(b) Scan and store such information onlyas necessary to protect against or prevent actual or potential fraud, unauthorizedtransactions, claims, or other liability or to resolve a dispute or inquiryby the holder of the license or card.(5) Except as provided in subdivision (4)(a)of this section, information scanned, compiled, stored, or preserved pursuantto this section may not be traded or sold to or shared with a third party;used for any marketing or sales purpose by any person, including the retailerwho obtained the information; or, unless pursuant to a court order, reportedto or shared with any third party. A person who violates this subsection shallbe guilty of a Class IV felony. SourceLaws 2001, LB 574, § 30; Laws 2010, LB261, § 1.