NH LEG Realty Drivers' License Scans


On Jul. 26, NH LEG enacted bill, brokers can retain data until closing.


  • NH LEG enacted SB 502 to allow real estate brokers to scan a client's drivers' license.
  • Amended Revised statutes NH LEG XXI-263-263:12-X (drivers' licenses prohibitions).
  • Key Bill Provisions
  • Current law prohibits scanning, record, retain, or store in electronic form or format the personal information contained in a drivers' license unless authorized by NH LEG, DMV.
  • Or if the owner of the license consents to sharing information in non-electronic format.
  • Law stipulates permission to check ID as related to sale of alcohol, tobacco, et cetera.
  • Senate bill SB 502 adds set language to allow real estate brokers, as part of the sale of real property, to scan, record, retain, or store in electronic format drivers' license data.
  • Intent is to authenticate ownership in the sale of real property and must have consent.
  • May not retain scanned license for period longer than the transaction's closing date.
  • Legislative History
  • On Jan. 3, 2024, bill was introduced in Senate; on Mar. 7, 2024, bill passed in Senate.
  • On Mar. 7, 2024, bill was introduced in House; on May 23, 2024, bill passed in House.
  • On Jul. 15, 2024, bill was enrolled in chambers; on Jul. 26, 2024, signed by governor.
  • Effectiveness
  • Chapter 299 is effective on Jan. 1, 2025.
  • Jul. 31, 2024 NH LEG Governor Approval
  • On Jul. 30, 2024, NH LEG governor approved bill SB 502 and assigned Chapter 299.
  • Document dated Jul. 30, 2024, received from NH LEG Aug. 2, summarized on Aug. 7.

Regulators NH LEG
Entity Types CNSM; IB
Reference Ch. 299, 7/30/2024; Bill SB502, Ch. 0299, 7/26/2024; Citation: NH LEG XXI-263-263:12;
Functions Compliance; Legal; Operations; Privacy; Record Retention
Countries United States of America
Category
State
Products Mortgage
Regions Am
Rule Type Final
Rule Date 7/26/2024
Effective Date 1/1/2025
Rule Id 221392
Linked to N/A
Reg. Last Update 7/30/2024
Report Section US Consumer

Last substantive update on 08/07/2024