Washington State Rep Reintroduces RFID Legislation

Two bills are intended to provide consumers with the knowledge that RFID technology is in use, so that they can decide whether they want to carry a product with an RFID tag, or an RFID-enabled identity card such as a loyalty card or enhanced driver's license. "The point," Morris states, "is to give consumers some choice."

Specifically, HB 1006 requires all RFID-tagged products to bear a universal, clear and conspicuous label—recognizable by the public—to indicate RFID technology is being utilized. That would not be required if the RFID tag were deactivated or removed at the point of sale.

AIM Global developed an emblem to serve as a visual guide for identifying RFID tags.

The second bill, HB 1011, prohibits government agencies or businesses from reading an RFID tag in an individual's possession without first obtaining that person's opt-in consent. This would include the reading of a tag embedded in a loyalty card or other type of ID card that might be scanned by a store for marketing purposes. That consent, the bill stipulates, must be provided either in writing or electronically. In addition, HB 1011 requires the state's attorney general to make annual recommendations to legislators regarding "personally invasive technologies" that might warrant further legislation to protect privacy. The bill makes an exception to this opt-in requirement, however, for the scanning of RFID tags during such medical emergencies as triage or medical care during a disaster.

Finally, HB 1044 directs the Washington State Information Services Board to develop privacy standards for state agencies employing RFID technology. The bill would provide the board with oversight regarding the use of RFID by state agencies. This is especially relevant in Washington because that state's Department of Licensing is already using RFID in enhanced driver's licenses.

The Department of Licensing provides participants with details about the RFID technology being used, both in literature and on its Web site, but is not required to do so. It began issuing enhanced driver's licenses containing passive Gen 2 RFID tags in January 2008 for those looking to utilize the technology for crossing the border into British Columbia. In July 2008, however, the American Civil Liberties Union (ACLU) argued that the licenses posed security risks since they have the potential to be cloned, as well as be to read clandestinely. To reduce such risks, the U.S. Department of State provides RF-shielding sleeves that users can request, in order to block RFID transmissions when the card is not being used at border crossings.