(a) DefinitionsIn this section:(1) AffiliateThe term “affiliate” has the meaning given the term in section 1841 of this title.
(2) Driver’s licenseThe 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) Federal bank secrecy lawsThe 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) Financial institutionThe 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) Financial product or serviceThe term “financial product or service” has the meaning given the term in section 5481 of this title.
(6) Insured credit unionThe term “insured credit union” has the meaning given the term in section 1752 of this title.
(7) Insured depository institutionThe term “insured depository institution” has the meaning given the term in section 1813 of this title.
(8) Online serviceThe term “online service” means any Internet-based service, such as a website or mobile application.
(9) Personal identification cardThe 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) Personal informationThe 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) ScanThe 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) StateThe 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) Use of a driver’s license or personal identification card(1) In generalWhen 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) Uses of informationExcept 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) Deletion of imageA 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) Disclosure of personal informationNothing 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) Relation to State lawThe 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.
Structure US Code
CHAPTER 16— FEDERAL DEPOSIT INSURANCE CORPORATION
§ 1811. Federal Deposit Insurance Corporation
§ 1814. Insured depository institutions
§ 1816. Factors to be considered
§ 1818. Termination of status as insured depository institution
§ 1820. Administration of Corporation
§ 1820a. Examination of investment companies
§ 1821a. FSLIC Resolution Fund
§ 1822. Corporation as receiver
§ 1825. Issuance of notes, debentures, bonds, and other obligations; exemptions
§ 1826. Forms of obligations; preparation by Secretary of the Treasury
§ 1828. Regulations governing insured depository institutions
§ 1828a. Prudential safeguards
§ 1828b. Interagency data sharing
§ 1829. Penalty for unauthorized participation by convicted individual
§ 1829a. Participation by State nonmember insured banks in lotteries and related activities
§ 1829b. Retention of records by insured depository institutions
§ 1829c. Making online banking initiation legal and easy
§ 1831. Separability of certain provisions of this chapter
§ 1831a. Activities of insured State banks
§ 1831b. Disclosures with respect to certain federally related mortgage loans
§ 1831c. Assuring consistent oversight of subsidiaries of holding companies
§ 1831d. State-chartered insured depository institutions and insured branches of foreign banks
§ 1831e. Activities of savings associations
§ 1831j. Depository institution employee protection remedy
§ 1831k. Reward for information leading to recoveries or civil penalties
§ 1831l. Coordination of risk analysis between SEC and Federal banking agencies
§ 1831m. Early identification of needed improvements in financial management
§ 1831m–1. Reports of information regarding safety and soundness of depository institutions
§ 1831n. Accounting objectives, standards, and requirements
§ 1831o. Prompt corrective action
§ 1831p–1. Standards for safety and soundness
§ 1831q. FDIC affordable housing program
§ 1831r. Payments on foreign deposits prohibited
§ 1831r–1. Notice of branch closure
§ 1831t. Depository institutions lacking Federal deposit insurance
§ 1831u. Interstate bank mergers
§ 1831v. Authority of State insurance regulator and Securities and Exchange Commission
§ 1831w. Safety and soundness firewalls applicable to financial subsidiaries of banks
§ 1831x. Insurance customer protections
§ 1831y. CRA sunshine requirements
§ 1831aa. Enforcement of agreements
§ 1831bb. Capital requirements for certain acquisition, development, or construction loans
§ 1831dd. Open data publication
§ 1832. Withdrawals by negotiable or transferable instruments for transfers to third parties
§ 1833b. Comparability in compensation schedules
§ 1833c. Comptroller General audit and access to records
§ 1834. Reduced assessment rate for deposits attributable to lifeline accounts
§ 1834a. Assessment credits for qualifying activities relating to distressed communities