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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*sb0695*
SENATE BILL 695
I3 6lr2101
By: Senators Kagan and Gile
Introduced and read first time: February 6, 2026
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Consumer Protection – Driver’s License and ID Card Swiping – Regulation 2
FOR the purpose of prohibiting a person from swiping the driver’s license or ID card of an 3
individual except for certain purposes; prohibiting a person that swipes a driver’s 4
license or ID card from storing, selling, or sharing the personal information collected 5
except under certain circumstances; authorizing certain persons to use personal 6
information collected through swiping only for certain purposes ; authorizing a 7
governmental entity to swipe the driver’s license or ID card of an individual only for 8
certain purposes; establishing that a violation of this Act is an unfair, abusive, or 9
deceptive trade practice subject to enforcement and penalties under the Maryland 10
Consumer Protection Act; and generally relating t o the regulation and enforcement 11
of driver’s license and identification card swiping. 12
BY repealing and reenacting, with amendments, 13
Article – Commercial Law 14
Section 13–301(14)(xlvii) 15
Annotated Code of Maryland 16
(2025 Replacement Volume) 17
BY repealing and reenacting, without amendments, 18
Article – Commercial Law 19
Section 13–301(14)(xlviii) 20
Annotated Code of Maryland 21
(2025 Replacement Volume) 22
BY adding to 23
Article – Commercial Law 24
Section 13–301(14)(xlix) and 14–1330 25
Annotated Code of Maryland 26
(2025 Replacement Volume) 27
2 SENATE BILL 695
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Commercial Law 3
13–301. 4
Unfair, abusive, or deceptive trade practices include any: 5
(14) Violation of a provision of: 6
(xlvii) Title 14, Subtitle 50 of this article; [or] 7
(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 8
(XLIX) SECTION 14–1330 OF THIS ARTICLE; OR 9
14–1330. 10
(A) (1) IN THIS SECTION THE FOL LOWING WORDS HAVE TH E MEANINGS 11
INDICATED. 12
(2) “DRIVER’S LICENSE” MEANS A LICENSE OR P ERMIT ISSUED BY 13
THE MOTOR VEHICLE ADMINISTRATION UNDER TITLE 16 OF THE 14
TRANSPORTATION ARTICLE OR A LICENSE TO DRIVE I SSUED BY ANY OTHER 15
JURISDICTION. 16
(3) “FINANCIAL INSTITUTION” HAS THE MEANING STATED IN § 1–101 17
OF THE FINANCIAL INSTITUTIONS ARTICLE. 18
(4) “IDENTIFICATION CARD” OR “ID CARD” MEANS A CARD ISSUED 19
UNDER § 12–301 OF THE TRANSPORTATION ARTICLE OR A COMPARABLE PROVISION 20
IN ANOTHER JURISDICTION. 21
(5) “PERSONAL INFORMATION ” INCLUDES AN INDIVIDUAL ’S NAME , 22
ADDRESS, DATE OF BIRTH , PHOTOGRAPH, FINGERPRINT, BIOMETRIC DATA , 23
DRIVER’S LICENSE NUMBER , IDENTIFICATION CARD NUMBER, OR ANY OTHER 24
UNIQUE PERSONAL IDENTIFIER. 25
(6) “SWIPE” MEANS P ASSING A DRIVER ’S LICENSE OR 26
IDENTIFICATION CARD THROUGH A DEVICE CAP ABLE OF READING THE 27
INFORMATION ENCODED IN A MAGNETIC STRIP OR BARCODE. 28
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 29
PERSON MAY NOT SWIPE THE DRIVER’S LICENSE OR ID CARD OF AN INDIVIDUAL. 30
SENATE BILL 695 3
(2) A PERSON MAY SWIPE THE DRIVER’S LICENSE OR ID CARD OF AN 1
INDIVIDUAL: 2
(I) TO VERIFY THE AUTHENTICITY OF A DRIVER’S LICENSE OR 3
ID CARD; 4
(II) TO VERIFY THE IDENTITY OF AN INDIVIDUAL WHO: 5
1. MAKES A PURCHASE FROM THE PERSON WITH A 6
METHOD OTHER THAN CASH; 7
2. RETURNS AN ITEM PURCHASED; OR 8
3. REQUESTS A REFUND; 9
(III) TO VERIFY THE AGE OF THE INDIVIDUAL WHEN PROVIDING 10
AN AGE–RESTRICTED GOOD OR SERVICE; 11
(IV) TO PREVENT FRAUD OR OTHER CRIMINAL ACTIVITY IF: 12
1. THE INDIVIDUAL, WITHOUT PROOF OF PURCHASE OR 13
A RECEIPT, RETURNS AN ITEM OR REQUESTS A REFUND FROM THE PERSON; 14
2. THE PERSON USES A FRAUD PREVENTION S ERVICE 15
COMPANY OR SYSTEM; AND 16
3. THE PERSON DELETES ANY PERSONAL INFORMATION 17
WITHIN 60 DAYS AFTER WHEN THE PERSONAL INFORMA TION WAS FIRST 18
COLLECTED; 19
(V) TO TRANSMIT INFORMATION TO A CHECK SERVICES 20
COMPANY FOR THE APPR OVAL OF A NEGOTIABLE INSTRUMENT, AN ELECTRONIC 21
FUNDS TRANSFER, OR ANY OTHER SIMILAR PAYMENT METHOD; AND 22
(VI) IF THE PERSON IS A FINANCIAL INSTITUTION, TO COLLECT 23
INFORMATION FOR PROCESSING A DEPOSIT OR LOAN. 24
(C) (1) IF A PERSON SWIPES A DRIVER ’S LICENSE OR ID CARD UNDER 25
SUBSECTION (B)(2)(I) THROUGH (III) OF THIS SECTION , THE PERSON MAY NOT 26
STORE, SELL, OR SHARE THE PERSONAL INFORMATION COLLECTED. 27
4 SENATE BILL 695
(2) IF A PERSON SWIPES A DRIVER ’S LICENSE OR ID CARD UNDER 1
SUBSECTION (B)(2)(IV) OR (V) OF THIS SECTION, THE PERSON MAY STORE OR SHARE 2
ONLY THE FOLLOWING PERSONAL INFORMATION COLLECTED: 3
(I) NAME; 4
(II) ADDRESS; 5
(III) DATE OF BIRTH; AND 6
(IV) THE IDENTIFICATION NUMBER CONNECTED TO THE SWIPED 7
DRIVER’S LICENSE OR ID CARD. 8
(D) (1) A PERSON NOT REGULATED UNDER THE FEDERAL FAIR CREDIT 9
REPORTING ACT THAT RECEIVES PER SONAL INFORMATION FROM A SWIPED 10
DRIVER’S LICENSE OR ID CARD MAY USE THE INFORMAT ION ONLY TO PREVENT 11
FRAUD AGAINST THE PERSON THAT PROVIDED THE PERSONAL INFORMATION. 12
(2) A PERSON THAT IS REGUL ATED UNDER THE FEDERAL FAIR 13
CREDIT REPORTING ACT THAT RECEIVES PERSONAL INFORMATION FROM A SWIPED 14
DRIVER’S LICENSE OR ID CARD MAY USE THE INFORMATION ONLY TO PREVENT 15
FRAUD OR TO EFFECT, ADMINISTER, OR ENFORCE A TRANSACTION. 16
(E) A GOVERNMENTAL ENTITY MA Y SWIPE A DRIVER ’S LICENSE OR AN ID 17
CARD OF AN INDIVIDUAL ONLY IF THE DRIVER’S LICENSE OR ID CARD IS: 18
(1) KNOWINGLY AND WILLINGLY PROVIDED BY THE INDIVIDUAL; 19
(2) CONFISCATED BY THE GOVERNMENTAL ENTITY; 20
(3) REQUIRED FOR EMERGENCY ASSISTANCE; OR 21
(4) MANDATED BY A COURT ORDER. 22
(F) THIS SECTION DOES NOT PROHIBIT A LAW ENFORCEMENT OFFICER OR 23
LAW ENFORCEMENT AGEN CY, WHILE ACTING WITHIN THE SCOPE OF OFFICIA L 24
DUTIES, FROM: 25
(1) SWIPING AN INDIVIDUAL ’S DRIVER ’S LICENSE OR 26
IDENTIFICATION CARD; OR 27
SENATE BILL 695 5
(2) RECORDING, RETAINING, OR TRANSMITTING PERS ONAL 1
INFORMATION RECEIVED FROM A SWIPED DRIVER ’S LICENSE OR IDENTIF ICATION 2
CARD. 3
(G) A VIOLATION OF THIS SECTION IS: 4
(1) AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 5
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 6
(2) SUBJECT TO THE PENALT Y AND ENFORCEMENT PR OVISIONS 7
CONTAINED IN TITLE 13 OF THIS ARTICLE. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2026. 10