Question 3: Is ID scanning legal under the Privacy Act?

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Question 3:  Is ID scanning legal under the Privacy Act?

Answer: The short answer is: not in all cases.

If a business that is subject to the Privacy Act complies with all its legal requirements under the Privacy Act, then yes scanning your ID should be legal under the Privacy Act.

However, if such a business fails to comply with any of its Privacy Act obligations, then scanning your ID could very well be illegal. For example, if a business scans your ID when it doesn't need to collect that information to perform its functions, the scanning will be illegal. If simply sighting your ID would be sufficient, the business should not scan it.

This answer is a summary only. For details on the various Privacy Act requirements (e.g. a business' obligations in relation to collecting, using, disclosing and protecting personal information from your ID) see our information sheet.

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