§1829c — Title 12 Banks and Banking | U.S. Code

Summary

Banks and credit unions may let a person open an account or get a financial product or service online by scanning or sending a photo or copy of their driver’s license or personal ID. The bank can keep that personal information in electronic form only to check that the ID is real, to confirm the person’s identity, or to meet a law that requires keeping or sending the information. Aside from what is needed to follow the Federal bank secrecy laws (section 1829b of Title 12, section 1953 of Title 12, and subchapter II of chapter 53 of Title 31), the bank must not use the information for other reasons. If the bank makes or receives an image or copy of the ID, it must permanently delete the image and any copies after using them. Federal rules here override any conflicting state law. Definitions (one line each): affiliate — meaning given in section 1841; driver’s license — a State-issued license to drive on public roads; Federal bank secrecy laws — the parts named above; financial institution — an insured depository institution, an insured credit union, or their affiliate; financial product or service — meaning in section 5481; insured credit union — meaning in section 1752; insured depository institution — meaning in section 1813; online service — an Internet website or mobile app; personal identification card — a State or local ID used only for identification; personal information — the data shown or encoded on a license or ID needed for the allowed uses; scan — using a device or software to read that information electronically; State — any U.S. state, the District of Columbia, Puerto Rico, or other U.S. territory.

Title 12, §1829c

Banks and Banking — Source: USLM XML via OLRC

(a)In this section:

(1)The term “affiliate” has the meaning given the term in section 1841 of this title.

(2)The term “driver’s license” means a license issued by a State to an individual that authorizes the individual to operate a motor vehicle on public streets, roads, or highways.

(3)The term “Federal bank secrecy laws” means—

(A)section 1829b of this title;

(B)section 1953 of this title; and

(C)subchapter II of chapter 53 of title 31.

(4)The term “financial institution” means—

(A)an insured depository institution;

(B)an insured credit union; or

(C)any affiliate of an insured depository institution or insured credit union.

(5)The term “financial product or service” has the meaning given the term in section 5481 of this title.

(6)The term “insured credit union” has the meaning given the term in section 1752 of this title.

(7)The term “insured depository institution” has the meaning given the term in section 1813 of this title.

(8)The term “online service” means any Internet-based service, such as a website or mobile application.

(9)The term “personal identification card” means an identification document issued by a State or local government to an individual solely for the purpose of identification of that individual.

(10)The term “personal information” means the information displayed on or electronically encoded on a driver’s license or personal identification card that is reasonably necessary to fulfill the purpose and uses permitted by subsection (b).

(11)The term “scan” means the act of using a device or software to decipher, in an electronically readable format, personal information displayed on or electronically encoded on a driver’s license or personal identification card.

(12)The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States.

(b)(1)When an individual initiates a request through an online service to open an account with a financial institution or obtain a financial product or service from a financial institution, the financial institution may record personal information from a scan of the driver’s license or personal identification card of the individual, or make a copy or receive an image of the driver’s license or personal identification card of the individual, and store or retain such information in any electronic format for the purposes described in paragraph (2).

(2)Except as required to comply with Federal bank secrecy laws, a financial institution may only use the information obtained under paragraph (1)—

(A)to verify the authenticity of the driver’s license or personal identification card;

(B)to verify the identity of the individual; and

(C)to comply with a legal requirement to record, retain, or transmit the personal information in connection with opening an account or obtaining a financial product or service.

(3)A financial institution that makes a copy or receives an image of a driver’s license or personal identification card of an individual in accordance with paragraphs (1) and (2) shall, after using the image for the purposes described in paragraph (2), permanently delete—

(A)any image of the driver’s license or personal identification card, as applicable; and

(B)any copy of any such image.

(4)Nothing in this section shall be construed to amend, modify, or otherwise affect any State or Federal law that governs a financial institution’s disclosure and security of personal information that is not publicly available.

(c)The provisions of this section shall preempt and supersede any State law that conflicts with a provision of this section, but only to the extent of such conflict.

Editorial Notes

Codification Section was enacted as part of the Economic Growth, Regulatory Relief, and Consumer Protection Act, and not as part of the Federal Deposit Insurance Act which comprises this chapter.

§1829c Making online banking initiation legal and easy

Summary

Title 12, §1829c

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Editorial Notes

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