Bill would put privacy barriers on driver’s licenses

Feb. 8, 2008

OLYMPIA – A bill to provide protections for citizens against potential loss of privacy using driver’s licenses Thursday cleared the House. The legislation comes on the heels of the State’s launching a new enhanced driver’s license which contains an information-transmitting device.

Rep. Deb Eddy (D-Kirkland) wrote the bill (HB 2729) to address privacy concerns arising with the introduction of Radio Frequency Identification device (RFID) into state identity cards.

“The state’s using new technologies, so it’s important we consider how those technologies can change our expectations about how our information might be used,” Eddy said. “RFID tags add a wireless capability to your most reliable government ID, meaning that you can be ‘pinged’ or tracked without your knowledge. We need to limit the scope of that tracking.”

RFID works using radio waves to transmit unique identification information. For example, a person could have a license with an RFID tag in it, in their purse, and still have the information picked up by capable parties. The new enhanced drivers’ licenses will be issued with sleeves that can block transmittal, but it’s unclear how many people will consistently use the sleeves.

“Beyond the government’s use of this tracking technology in cross-border settings, there’s a potential for linked tracking in commercial settings,” Eddy said. “This bill takes the first step in putting guardrails on the use of this wireless technology, but we’ll clearly need some further discussion.”

The introduction of RFID technology into government identification documents is purported to add a new level of certainty in government identity documents. “The jury is still out on some of these claims,” Eddy said, “but in the meantime, we need to recognize the threat to our constitutional protections.”

Guidelines are set for governmental entities, non-governmental entities, like non-profits, as well as private businesses. The bill includes a direction that businesses destroy stored information within 60 days and a notice requirement when government is reading information wirelessly. Civil penalties are included.

The bill passed the House unanimously and it now proceeds to the Senate.

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Bill information

House Bill 2729: apps.leg.wa.gov/billinfo/summary.aspx?bill=2729&year=2007

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