{"identifier":"/us/usc/t12/s1829c","title":12,"num":"\u00a7\u202f1829c.","heading":"Making online banking initiation legal and easy","text":"\u00a7\u202f1829c.\nMaking online banking initiation legal and easy\n(a)\nDefinitions\nIn this section:\n(1)\nAffiliate\nThe term \u201caffiliate\u201d has the meaning given the term in\nsection 1841 of this title\n(2)\nDriver\u2019s license\nThe term \u201cdriver\u2019s license\u201d 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.\n(3)\nFederal bank secrecy laws\nThe term \u201cFederal bank secrecy laws\u201d means\u2014\n(A) section 1829b of this title\n(B) section 1953 of this title\n(C) subchapter II of chapter 53 of title 31.\n(4)\nFinancial institution\nThe term \u201cfinancial institution\u201d means\u2014\n(A) an insured depository institution;\n(B) an insured credit union; or\n(C) any affiliate of an insured depository institution or insured credit union.\n(5)\nFinancial product or service\nThe term \u201cfinancial product or service\u201d has the meaning given the term in\nsection 5481 of this title\n(6)\nInsured credit union\nThe term \u201cinsured credit union\u201d has the meaning given the term in\nsection 1752 of this title\n(7)\nInsured depository institution\nThe term \u201cinsured depository institution\u201d has the meaning given the term in\nsection 1813 of this title\n(8)\nOnline service\nThe term \u201conline service\u201d means any Internet-based service, such as a website or mobile application.\n(9)\nPersonal identification card\nThe term \u201cpersonal identification card\u201d means an identification document issued by a State or local government to an individual solely for the purpose of identification of that individual.\n(10)\nPersonal information\nThe term \u201cpersonal information\u201d means the information displayed on or electronically encoded on a driver\u2019s license or personal identification card that is reasonably necessary to fulfill the purpose and uses permitted by subsection (b).\n(11)\nScan\nThe term \u201cscan\u201d 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\u2019s license or personal identification card.\n(12)\nState\nThe term \u201cState\u201d 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.\n(b)\nUse of a driver\u2019s license or personal identification card\n(1)\nIn general\nWhen 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\u2019s license or personal identification card of the individual, or make a copy or receive an image of the driver\u2019s 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).\n(2)\nUses of information\nExcept as required to comply with Federal bank secrecy laws, a financial institution may only use the information obtained under paragraph (1)\u2014\n(A) to verify the authenticity of the driver\u2019s license or personal identification card;\n(B) to verify the identity of the individual; and\n(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.\n(3)\nDeletion of image\nA financial institution that makes a copy or receives an image of a driver\u2019s 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\u2014\n(A) any image of the driver\u2019s license or personal identification card, as applicable; and\n(B) any copy of any such image.\n(4)\nDisclosure of personal information\nNothing in this section shall be construed to amend, modify, or otherwise affect any State or Federal law that governs a financial institution\u2019s disclosure and security of personal information that is not publicly available.\n(c)\nRelation to State law\nThe 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.","url":"https://projectusc.org/usc/t12/s1829c.html","content":[{"t":"sec","id":"/us/usc/t12/s1829c","children":[{"t":"num","text":"\u00a7\u202f1829c."},{"t":"heading","text":"Making online banking initiation legal and easy"},{"t":"subsec","id":"/us/usc/t12/s1829c/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t12/s1829c/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Affiliate"},{"t":"content","children":[{"t":"p","text":"The term \u201caffiliate\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 1841 of this title","href":"/us/usc/t12/s1841","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Driver\u2019s license"},{"t":"content","children":[{"t":"p","text":"The term \u201cdriver\u2019s license\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Federal bank secrecy laws"},{"t":"chapeau","text":"The term \u201cFederal bank secrecy laws\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t12/s1829c/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" ","children":[{"t":"ref","text":"section 1829b of this title","href":"/us/usc/t12/s1829b","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s1829c/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" ","children":[{"t":"ref","text":"section 1953 of this title","href":"/us/usc/t12/s1953","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s1829c/a/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" subchapter II of chapter 53 of title 31.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Financial institution"},{"t":"chapeau","text":"The term \u201cfinancial institution\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t12/s1829c/a/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an insured depository institution;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s1829c/a/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" an insured credit union; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s1829c/a/4/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" any affiliate of an insured depository institution or insured credit union.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/a/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Financial product or service"},{"t":"content","children":[{"t":"p","text":"The term \u201cfinancial product or service\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 5481 of this title","href":"/us/usc/t12/s5481","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/a/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Insured credit union"},{"t":"content","children":[{"t":"p","text":"The term \u201cinsured credit union\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 1752 of this title","href":"/us/usc/t12/s1752","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/a/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Insured depository institution"},{"t":"content","children":[{"t":"p","text":"The term \u201cinsured depository institution\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 1813 of this title","href":"/us/usc/t12/s1813","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/a/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Online service"},{"t":"content","children":[{"t":"p","text":"The term \u201conline service\u201d means any Internet-based service, such as a website or mobile application.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/a/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Personal identification card"},{"t":"content","children":[{"t":"p","text":"The term \u201cpersonal identification card\u201d means an identification document issued by a State or local government to an individual solely for the purpose of identification of that individual.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/a/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Personal information"},{"t":"content","children":[{"t":"p","text":"The term \u201cpersonal information\u201d means the information displayed on or electronically encoded on a driver\u2019s license or personal identification card that is reasonably necessary to fulfill the purpose and uses permitted by subsection (b).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/a/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Scan"},{"t":"content","children":[{"t":"p","text":"The term \u201cscan\u201d 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\u2019s license or personal identification card.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/a/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s1829c/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Use of a driver\u2019s license or personal identification card"},{"t":"para","id":"/us/usc/t12/s1829c/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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\u2019s license or personal identification card of the individual, or make a copy or receive an image of the driver\u2019s 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).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Uses of information"},{"t":"chapeau","text":"Except as required to comply with Federal bank secrecy laws, a financial institution may only use the information obtained under paragraph (1)\u2014"},{"t":"subpara","id":"/us/usc/t12/s1829c/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" to verify the authenticity of the driver\u2019s license or personal identification card;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s1829c/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" to verify the identity of the individual; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s1829c/b/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Deletion of image"},{"t":"chapeau","text":"A financial institution that makes a copy or receives an image of a driver\u2019s 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\u2014"},{"t":"subpara","id":"/us/usc/t12/s1829c/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" any image of the driver\u2019s license or personal identification card, as applicable; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s1829c/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any copy of any such image.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s1829c/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Disclosure of personal information"},{"t":"content","children":[{"t":"p","text":"Nothing in this section shall be construed to amend, modify, or otherwise affect any State or Federal law that governs a financial institution\u2019s disclosure and security of personal information that is not publicly available.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s1829c/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Relation to State law"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}