The Law Regarding Photocopying CACs

By Richard Hoeltge, Fort Bliss Legal Assistance Office

Some off-base businesses will ask you for your military identification card, also known as your Common Access Card, when making a purchase.  They may do this for variety of reasons:  for instance, to verify your name, age, and/or date of birth; to be sure you have a steady income; or to confirm whether you are a military member or a military dependent.  They might also ask to make a copy of your CAC for their records.  Regardless of whether this request is being made with good intent or ill intent (e.g., to steal your identity), be aware that this action of a business photocopying your CAC is illegal.

The photocopying of U.S. Government identification cards is a violation of Title 18, U.S. Code Part I, Chapter 33, Section 701 and punishable by fine and imprisonment.  This section of Title 18 is designed to prevent identity theft and safeguard against security being compromised by someone impersonating U.S. military personnel.   Criminal elements and terrorist organizations place U.S. Government credentials as a high value item when planning acts against the U.S. military and civilian targets. 

Photocopying is not the only way your CAC card could be compromised.  “CAC Scan,” an app that became available in May 2016, is able to decode the barcode containing personal identifiable information on the front of the CAC.  Although it appears that “CAC Scan” has been deleted from the internet and is no longer accessible for download, its continued existence illustrates the vulnerability of a compromised CAC.

So, can anyone legally make a copy of your CAC?  Yes, photocopying of a CAC is permissible by government agencies, by the police, for medical care confirmation of Tricare eligibility, by a civilian medical provider, and for administrating other military-related benefits by authorized beneficiaries to other DoD entities and for other official purposes when alternate forms of verification do not exist.

Even though asking for military/CAC identification is permitted by off-base establishments, many people with CAC cards and many businesses are unaware of the law that prohibits the duplication of government-issued identifications.  It is recommended that CAC cardholders present a state driver’s license or other form of photo identification to be photocopied if an organization insists on a photocopy of one’s identification. 

To schedule an appointment to speak with an attorney in the Fort Bliss Legal Assistance Office on this or any other topic, please email usarmy.bliss.hqda-otjag.mesg.bliss-legal-assistance-office@army.mil any time, or call (915) 568-7141 during LAO business hours.