Privacy barriers for enhanced driver’s license signed into law

March 27, 2008

OLYMPIA – Gov. Chris Gregoire signed into law today a bill to prevent the potential misuse of information gained from the enhanced driver's license now being issued by the state. The license utilizes Radio Frequency Identification (RFID) technology which uses radio waves to transfer identification information.

“This technology has both positive and negative ramifications,” said Rep. Deb Eddy, D-Kirkland, who prime-sponsored HB 2729. “While it does simplify border crossings with neighboring countries, it also presents new and broad opportunities for identity theft and surveillance.”

The RFID devices in the identification cards enable wireless communication of data with reader devices, offering the potential for interception, duplication and tracking. Currently, the cards are issued with sleeves to block unwanted transmittal of information, but use of the sleeve is voluntary.

“RFID hasn’t previously been associated with domestic identity documents, which we use in our everyday lives. The Department of Homeland Security required that the new enhanced driver's license contain RFID chips,” Eddy said, “without considering the potential abuses.”

The chip contains a identifier number unique for each person, but the number is not encrypted, making it subject to capture. HB 2729 makes it a Class C Felony to possess information gained from an enhanced license without that person’s knowledge or consent, except when crossing international borders. Civil penalties under the state’s consumer protection act are also included.

“Technology continues to move faster than our understanding of the implications. Beyond the issue of identity theft, there are real constitutional issues about search and seizure or self-incrimination that we’ll need to consider,” Eddy said. “For the moment, this is a good beginning in which we acknowledge the expectation of privacy in this wireless communications device.”

The law goes into effect in June.

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Bill information

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