US 2007 Privacy Legislation Related to Radio Frequency Identification (RFID)Resources in United States

US 2007 Privacy Legislation Related to Radio Frequency Identification (RFID) Resources

Radio Frequency Identification (RFID) technology can be thought of as a next-generation bar code. A simple RFID tag consists of a microchip and antenna, which when stimulated by a remote “reader,” sends back information via radio waves. Like a bar code, an RFID tag identifies the product it is attached to for inventory or purchasing purposes; but an RFID tag can do even more. For example, RFID tags can hold information related to the expiration date of a product, record whether a product has been exposed to excessive heat, or could be used to assist with product recalls. An RFID-tagged product can be tracked as it moves in commerce, providing better ways to identify and meet consumer demand for products.

The use of RFID has raised privacy concerns in some states, particularly with regard to the potential linking of personal information with RFID tags. At least 13 states in 2007 introduced privacy legislation relating to the use of RFID. California and North Dakota enacted laws in 2007; New Hampshire, and Wisconsin enacted laws in 2006; and the Georgia House adopted a resolution in 2006.

CALIFORNIA
S.B. 28
STATUS: September 5, 2007; In Assembly. To Inactive File.
Prohibits the Department of Motor Vehicles from issuing, renewing, duplicating, or replacing a driver’s license or identification card, if the license or card uses radio waves to either transmit personal information remotely or to enable personal information to be read from the license or card remotely.

S.B. 29
STATUS: September 5, 2007; In Assembly. To Inactive File.
Prohibits a public school, school district, and county office of education from issuing any device to a pupil that uses radio waves to transmit personal information or to enable personal information to be viewed remotely for the purposes of recording the attendance of a pupil at school, establishing or tracking the location of a pupil on school grounds, or both.

S.B. 30
STATUS: September 5, 2007; In Assembly. To Inactive File.
Enacts the Identity Information Protection Act of 2007. Requires identification documents that are created, mandated, purchased, or issued by various public entities that use radio waves to transmit data, or enable data to be read remotely, to meet specified requirements. Requires public entities and authorized 3rd parties to protect those systems and data transmitted remotely by those identification documents from unauthorized access. Restricts the disclosure thereof.

S.B. 31
STATUS: April 24, 2007; In Senate Committee on PUBLIC SAFETY: Heard, remains in Committee.
Relates to the Information Practices Act of 1977. Provides that a person or entity that intentionally remotely reads or attempts to remotely read a person’s identification document using radio waves without his or her knowledge and prior consent shall be punished by imprisonment in a county jail, a fine, or both. Provides that a person who discloses or causes to be disclosed, specified operational system keys shall be punishment by imprisonment, a fine, or both.

S.B. 362
STATUS: October 12, 2007; Chaptered by Secretary of State. Chapter No. 538
Prohibits a person from requiring, coercing, or compelling any other individual to undergo the subcutaneous implanting of an identification device. Provides for the assessment of civil penalties for a violation thereof. Allows an aggrieved party to bring an action for damages and injunctive relief, subject to a specified statute of limitations.

S.B. 388
STATUS: September 10, 2007; In Assembly. To Inactive File
Requires any private entity that sells, furnishes, or otherwise issues a card or other item containing a radio frequency identification tag that may be scanned for personal information, to provide specified information to the recipient, with a specified application under emergency circumstances. Authorizes an aggrieved party to bring an action against a violator for damages. Requires attorney’s fees and costs to be awarded to a prevailing party. Provides for a disclaimer for national bank cards.

GEORGIA
H.B. 276
STATUS:  February 2, 2007; To House Committee on Non Civil – Judiciary.
Relates to commerce and trade; sets forth the purposes of the Biometric Information Protection Act; provides for civil and criminal penalties; prohibits the use of genetic information for the issuance of life insurance or employment decisions..

ILLINOIS
H.B. 573
STATUS: May 11, 2007; Rereferred to Senate Committee on RULES.
Creates the Identity Protection Act. Removes a section that prohibits the filing of certain documents with the recorder of deeds or circuit court clerk if the document contains a social security number. Provides that a violation is a Class A misdemeanor.

S.B. 779
STATUS: December 3, 2007; Rereferred to Senate Committee on Rules.
Amends the Fiscal Note Act. Makes a technical change in a Section concerning the vote upon the necessity of a fiscal note.

MASSACHUSETTS
H.B. 261
STATUS: January 10, 2007; To JOINT Committee on Consumer Protection and Professional Licensure
Relates to consumer protection and radio frequency identification systems.

S.B. 159
STATUS: April 10, 2007; In JOINT Committee on Consumer Protection and Professional Licensure: Heard. Eligible for Executive Session.
Further regulates radio frequency identification devices; relates to personally identifiable information such as name, address, credit card information and a telephone number; requires a prominent display sign in areas where the device is in use.

MICHIGAN
H.B. 4133
STATUS: January 25, 2007; To House Committee on Judiciary.
Prohibits and provides penalties for implanting a microchip in another person without consent.

NEW HAMPSHIRE
H.B. 686
STATUS:  November 16, 2007; From House Committee on Commerce: Ought not to pass.
Regulates the use of tracking devices in consumer products by requiring labels that inform consumers of their presence. This bill also restricts the circumstances under which the state may use electronic tracking devices, and prohibits a private citizen from electronically tracking another person without that person’s consent.

NEW JERSEY
A.B. 3996
STATUS: February 22, 2007; To Assembly Committee on Consumer Affairs.
Requires businesses to notify customers concerning use of radio frequency identification systems that collect information about customers.

A.B. 4061
STATUS: March 5, 2007; To Assembly Committee on Consumer Affairs.
Requires radio frequency identifying devices in handguns sold by licensed retail dealers.

NEW YORK
A.B. 222
STATUS: January 3, 2007; To Assembly Committee on Consumer Affairs and Protection.
Enacts the “radio frequency identification right to know act”, requiring retail mercantile establishments to disclose the use of RFID devices and gathered personal information; requires the labeling of retail products or packages containing a radio frequency identification tag; sets standards for labels and for posting notices; requires point of sale removal of RFID tags; restricts aggregation and disclosure of personal information; provides for enforcement.

A.B. 225
STATUS: May 21, 2007; To Senate Committee on Finance.
Establishes a task force on the privacy implications of radio frequency identification technology, to consist of: the chairperson of the consumer protection board, the secretary of state, the commissioner of education, the director of the office for technology, the attorney general, and 10 at-large members to be appointed by the governor and the legislative leaders from consumer advocacy or privacy rights organizations and persons with expertise in the field.

A.B. 261
STATUS: January 3, 2007; To Assembly Committee on Consumer Affairs and Protection.
Requires the labeling of retail products or packages containing a radio frequency identification tag; sets standards for labels; provides for enforcement by the attorney general: injunctions and civil penalties.

S.B. 165
STATUS: May 14, 2007; Amended in Senate Committee on Finance.
Establishes a task force on the privacy implications of radio frequency identification technology, to consist of: the chairperson of the consumer protection board, the secretary of state, the commissioner of education, the director of the office for technology, the attorney general, and 10 at-large members to be appointed by the governor and the legislative leaders.

NORTH DAKOTA
S.B. 2415
STATUS: April 4, 2007, Signed by Governor, Chapter 122
Prohibits implanted microchips in individuals; and to provide a penalty.

PENNSYLVANIA
H.B. 992
STATUS: April 2, 2007; To House Committee on Consumer Affairs.
Amends the Crimes and Offenses Code. Further provides for the offense of identity theft.

H.B. 993
STATUS: April 2, 2007; To House Committee on Consumer Affairs.
Amends the Unfair Trade Practices and Consumer Protection Act of 1968. Requires an entity that uses a radio frequency identification system that includes readers placed in a public area to display a sign placed in a conspicuous location stating that radio frequency identification technology is in use, the radio frequency identification tag contains information about the product that can be accessed by a reader both before and after a purchase, and a description of the purpose of a reader.

RHODE ISLAND
S.B. 474
STATUS: May 15, 2007; To House Committee on Judiciary.
Would restrict the use of radio frequency identification devices for the purpose of tracking the movement or identity of an employee, student or client as a condition of obtaining a benefit or services from such agency. This act would take effect upon passage.

TENNESSEE
H.B. 2190
STATUS: March 5, 2007; In House Committee on Consumer and Employee Affairs: Referred to Subcommittee on Consumer Affairs.
Concerns Consumer Protection; requires sellers of goods to notify consumers if the good or the good’s packaging contains or bears a radio frequency identification tag.

WASHINGTON
H.B. 1133
STATUS: January 11, 2007; To House Committee on Public Safety and Emergency Preparedness.
Directs the Washington association of sheriffs and police chiefs to conduct a study using radio frequency identification or other similar technology to electronically monitor sex offenders. Requires the Washington association of sheriffs and police chiefs to report its findings to the legislature by December 31, 2007.

S.B. 5366
STATUS: March 7, 2007; To House Committee on Transportation.
Authorizes the issuance of enhanced drivers’ licenses and identicards to facilitate crossing the Canadian border; authorizes the department to enter into a memorandum of understanding with any federal agency for the purposes of facilitating the crossing of the border between the state of Washington and the Canadian province of British Columbia.

H.B. 1031
STATUS: February 23, 2007; From House Committee on Technology, Energy and Communications: Do pass as substituted.
Changes provisions concerning electronic devices.

S.B. 6020
STATUS: February 14, 2007; To Senate Committee on Consumer Protection and Housing.
Regards notification of radio frequency identification tags; requires that, if a person produces, manufactures, packages, distributes, or sells a retail product and the person has caused a radio frequency identification tag to be attached to, embedded in, or made part of the retail product or its package, the person shall ensure that the retail product or its package bears a label which notifies consumers of the existence of the radio frequency identification tag.