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Invasion of privacy by door man.

Las Vegas, NV |

Yesterday I went to a downtown bar. They asked for ID and the door. When I gave it they set it on a platform under a light. I thought it was a black light or something. When my client asked after seeing the same thing happen to him the security guard said that it was taking a picture/ videoing the ID. We were both appalled having not been informed of this prior to it happening and would not have allowed it other wise. It smacked of such blatant invasion of privacy. I had my brother, an attorney at home in Georgia, call this morning. The manager said "they do it everywhere" (as if to say it's okay and legal) but that he would remove the images. I can tell you I've never seen it done and hope it is stopped. Having studied law at I hope this is one of those bad habbits that go away. Thoughts?

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Attorney answers 2

Posted

The act of scanning a license that you provided at the door does not fit with any of the 4 recognized torts for invasion of privacy (Intrusion, Appropriation, False Light, Public Disclosure of Private Facts).

However, keeping the information scanned must be done in accordance with the requirements of NRS 603A concerning the personal information collected.

Concerning whether the act obtaining the information via scan without informed consent violates Nevada law, such act does not directly violate NRS 205.463-465, or 205.46515 (identity theft statutes) without intent to use the information for an illegal purpose.

Accordingly, don't hand someone your drivers license to someone unless you intend to consent to information being retained. An alternative would be to explicitly limit the businesses right to retain the information prior to handing them them the license.

The above information is given for informational purposes only. The response to your question in does not create an attorney/client relationship, and no guarantee of privacy exist. If you find the information to be helpful, please check the "helpful" box.

Asker

Posted

The objection I have is not being informed at all until I asked about it. A similar incident occurred just two weeks ago when a person marketing cigarettes approached me and asked if I would like free cigarettes. I said yes and she asked to my ID, a common request. The she took a picture and scanned it. I was furious. I remember something a professor in ethics once taught referring to the establishment of law and case precedent. He said. "Just because there's no law against something don't make it right. And just because there's a law on the books don't make it wrong."

Michael George Millward

Michael George Millward

Posted

I appreciate the comment and quote. What is ethical or moral is certainly different from what is illegal and/or tortious. You may consider seeking recognition of this form of "invasion of privacy" through the legislative process.

Asker

Posted

I thought it might fall under false light. But as of now what would be tortious is not apparent. I do agree with you first answer as well as the only remedy at present is to seek legislation controlling the practice. Thank you.

Posted

I suspect that the bar has no interest in the data by morning. The only establishments I've seen do this are ones with clientele that is likely to, well, start trouble, help with trouble, and end trouble.

Their interest probably begins and ends with handing it to metro if they're called out . . .

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