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Federal & State Government There has been much activity at the federal level, most recently with the use of RFID in passports and contractor identity cards. At the state level, policymakers are examining the use of RFID in diverse applications, including retail use for consumer products, state-issued identification cards and the implantation of RFID chips in humans. For a closer look at legislation being considered in specific states, please choose from the list of active legislation below:
Title: Identity Information Protection Act of 2006 Purpose: Relating to radio frequency identification technology; to limit the use of radio frequency identification technology; to require identification documents, except as specified, that are created, mandated, purchased, or issued by various public entities that use radio waves to broadcast personal information, or to enable personal information to be read remotely, to meet specified requirements; to provide criminal penalties for a person or entity that intentionally remotely reads or attempts to remotely read, without his or her knowledge, the identification document of another person; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901. Status: Pending Committee Action (Judiciary) State/Bill # California S.B. 682 Title: Identity Information Protection Act of 2005 Purpose: Requires identification documents containing medical, psychiatric or psychological information that are created or issued by various public entities and that use radio waves to broadcast personal information or to enable personal information to be read remotely to meet specified requirements. Provides exceptions and criminal penalties for a person or entity that intentionally remotely reads or attempts to read such information without permission. Status: In ASSEMBLY Committee on APPROPRIATIONS: Not heard. State/Bill # Illinois S.B. 2558 Title: Identity Document Protection Act Purpose: Provides that no identity document created, mandated, or issued by the State, a unit of local government, or a school district may contain a contactless integrated circuit that can broadcast personal information or enable personal information to be scanned remotely. Exempts the Toll Highway Authority I-Pass system. Limits the concurrent exercise of home rule powers. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a retailer may not offer for sale or sell any article that has a contactless integrated circuit attached to it without notifying the consumer and affording the consumer the opportunity to have the circuit removed at no charge to the consumer. Status: Placed on Calendar - Consideration Postponed March 7, 2006 State/Bill # Maryland H.B. 354 Title: Commercial Law - Task Force to Study the Use of RadioFrequency Identification Tags by Retailers and Manufacturers. Purpose: Creates a Task Force to study privacy and other issues related to RFID and report on whether legislation is needed. Status: Pending Definitions: NA State/Bill # Massachusetts H.B. 1447 and S.B. 181 Title: AN ACT RELATIVE TO CONSUMER PROTECTION AND RADIO FREQUENCY IDENTIFICATION SYSTEMS. Purpose: Requires labels and logos and notices regarding use and purpose of RFID on consumer products and for readers by commercial entities in shopping areas, as well as ability to remove tags that are not essential to product and limited information on tags to inventory and like purposes. Summary: Requires commercial entities that place RFID readers in shopping areas to disclose the use and purposes of RFID readers. Also requires use of a logo and a label conspicuously making RFID use and purpose disclosure on products or packaging. Also requires RFID tags that are "not… essential" to the product to be capable of removal by the consumer. Also, limits the data stored or transmitted on RFID tags on products to information necessary for inventory, product return, recall or warranty servicing. Status: Pending Definitions: "Radio frequency identification" or "RFID", a technology that incorporates the use of electromagnetic or electrostatic coupling in the radio frequency portion of the electromagnetic spectrum and that can be used to identify an object, animal, or person. State/Bill # Missouri S.B. 128 Title: RFID Right to Know Act of 2005 Purpose: Requires a conspicuous label on consumer commoditypackaging with RFID disclosing existence of the tag and that the tag can transmit a unique id before and after purchase. Summary: A consumer commodity or package that contains or bears a radio frequency identification tag or bar code shall bear a label as provided in subsection 4 of this section, and the label shall state, at a minimum, that the consumer commodity or package contains or bears a radio frequency identification tag, and that the tag can transmit unique identification information to an independent reader both before and after purchase; and shall be in a conspicuous type-size and location and in print that contrasts with the background against which it appears. Status: Pending Definitions: (1) "Radio frequency identification" or "RFID", technologies that use radio waves to automatically identify individual items; Title: Summary title: An Act requiring notice regarding existence of RFID used for tracking. Purpose: Requires written or verbal notice of existence of a tracking device on any product prior to sale. Status: Pending Definitions: "Device" means any item or application that is capable of providing the physical location or tracking the movement of the goods; "device" does not include bar codes or similar visible markings used primarily for product identification. Title: An act to amend the general business law, in relation to regulating the use of radio frequency identification tags by retail mercantile establishments. Purpose: 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 by the attorney general: injunctions and civil penalties.Status: Referred to Committee on Consumer Affairs & Protection State/Bill # Rhode Island H 5929 Title: Summary Title: RELATING TO STATE AFFAIRS AND GOVERNMENT -- RESTRICTING RADIO FREQUENCY IDENTIFICATION DEVICES Purpose: Prohibits state or local government from using RFID to track movement or identity of employees, students or clients or others as condition of a benefit or service. Summary: No state or municipal agency, or any subdivision thereof, shall use, or request the use of, Radio Frequency Identification Devices (RFID) for the purpose of tracking the movement or identity of any employee, student or client, or of any other individual as a condition of obtaining a benefit or services from such agency. Definitions: NA Status: Pending, referred to House Judiciary Committee State/Bill # South Dakota, H.B. 1114 Title: Summary title: An Act to restrict the use of radio frequency identification technology in humans. Purpose: Prohibits requiring a person to receive implant of an RFID chip. Summary: No person may require the implantation of any radio frequency identification microchip in any other person. Status: Pending Definitions: For the purposes of this section, radio frequency identification is technology that incorporates the use of electromagnetic or electrostatic coupling in the radio frequency portion of the electromagnetic spectrum and can be used to identify an individual.
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