Virginia Driver’s
License Photocopy Prohibition
“VA Code § 46.2-346. Unlawful acts
enumerated. A. No person shall: …4. 4. Reproduce by photograph or
otherwise, any driver's license, temporary driver's permit, learner's permit,
or special identification card issued by the Department with the intent to
commit an illegal act; . . .” Source: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-346
Note 1: The Commonwealth of Virginia Government Data Collection Processes Act at Va. Code Section 20-2.3800(c)(10) makes it an “illegal act” for any state or local government agency or a private entity acting as an agent of the state of Virginia to require you upon penalty of loss of right benefit or privilege to allow them to “collect personal information except as explicitly or implicitly authorized by law” generally, including from your driver’s license by copying it or other means. Source: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+2.2-3800.
NOTE 2: The Commonwealth of Virginia Government Data Collection Processes Act at Va. Code Section 20-2.3806 makes it an “illegal act” for any state or local government agency or a private entity acting as an agent of the state of Virginia to even elicit your personal information from a driver’s license by copying it or other means unless the agency or entity complies with the following notice requirements: (1) “Inform an individual who is asked to supply personal information about himself whether he is legally required, or may refuse, to supply the information requested, and also of any specific consequences that are known to the agency of providing or not providing the information”; and (2) “Give notice to a data subject of the possible dissemination of part or all of this information to another agency, nongovernmental organization or system not having regular access authority, and indicate the use for which it is intended, and the specific consequences for the individual, which are known to the agency, of providing or not providing the information.” Source: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+2.2-3806.
NOTE 3: The federal Driver’s Privacy Protection Act (“DPPA”)
at 18 USC 2722 provides that “it shall be unlawful for any person knowingly to obtain or
disclose personal information, from a motor vehicle record, for any use not
permitted under section 2721(b) of this title.” The DPPA is written very broadly, and
defined personal information as that information contained in, inter alia, a
driver’s license. If the use for which
ANY PERSON wants to obtain information from your driver’s license does not fall
under 18 USC 2721, then the copying of your Virginia driver’s
license by any person would presumably be an ‘illegal act” within the meaning
of VA Code § 46.2-346. Read more about the DPPA at http://www.epic.org/privacy/drivers.
“VA Code § 46.2-350. Penalty for violation. Notwithstanding § 46.2-113, except as otherwise provided any
violation of any provision of this chapter not declared to be a felony shall
constitute a Class 2 misdemeanor.”
Source: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-350
Federal ID
Photocopy Prohibition
“18 USC 701. Official badges, identification cards, other insignia. Whoever manufactures,
sells, or possesses any badge, identification card, or other insignia, of the
design prescribed by the head of any department or agency of the United States
for use by any officer or employee thereof, or any colorable imitation thereof,
or photographs, prints, or in any other manner makes or executes any engraving,
photograph, print, or impression in the likeness of any such badge,
identification card, or other insignia, or any colorable imitation thereof,
except as authorized under regulations made pursuant to law, shall be fined
under this title or imprisoned not more than six months, or both.” Source: http://www4.law.cornell.edu/uscode/18/701.html
US CIS Document
Photocopy Prohibition
“18 USC
§ 1426. Reproduction
of naturalization or citizenship papers… (h) Whoever,
without lawful authority, prints, photographs, makes or executes any print or
impression in the likeness of a certificate of arrival [INS Form I-94],
declaration of intention to become a citizen, or certificate of naturalization
or citizenship, or any part thereof - Shall be fined under this title or
imprisoned not more than 25 years…"