New Bill that Will Protect Californians’ Privacy Rights Is One Step Closer to Becoming Law


For Immediate Release: April 27, 2005

SACRAMENTO – A bill that would prohibit state-issued identification documents from containing a Radio Frequency Identification (RFID) tag or other devices that can broadcast an individual’s personal information was greeted with bipartisan support from the Senate Judiciary Committee on Tuesday and is heading for a floor vote. It is the first bill of its kind in the nation and is being closely watched following the federal government’s decision to embed RFID chips in new U.S. passports.

The Identity Information Protection Act of 2005 (SB 682) was introduced by State Senator Joe Simitian (D-Palo Alto) and it is supported by a diverse coalition of privacy, women’s and conservative groups from throughout the state.

“I think we’re one step closer to a thoughtful, rational policy approach on this issue in California,” said Simitian. “We’re hoping to protect individual privacy, personal safety, and financial security. My goal is to ensure that state and local government will be part of the solution, not part of the problem.”

“California legislators have always been on the forefront of introducing important legislation to balance the potential benefits of emerging technology while safeguarding the privacy and security of Californians,” said Nicole Ozer, Technology & Civil Liberties Policy Director, of the ACLU of Northern California. “With passage of this bill, legislators have sent a strong bi-partisan message that the privacy and security of Californians must be protected.”

RFID tags are already used in the retail sector to track product inventory and chip readers are readily available to those outside government. The personal information that can be remotely read without one’s knowledge from documents like a driver’s license could include an individual’s name, address, telephone number, date of birth, race, religion, ethnicity, nationality, photograph, fingerprint, or unique personal identifier or number. This information can then be used for the purposes of stalking or kidnapping and for identity theft.

Last year, more than 39,000 Californians were victims of identity theft and these devices would make that crime even easier to commit. RFID tags embedded in public employee identification tags and other official documents could also enable the government to track the movements of the document-bearer.

The legislation was introduced on February 23; days after a company in Sutter, California withdrew its pilot program from an elementary school when parents successfully petitioned to have the Radio Frequency Identification (RFID) tags removed. The students were required to wear the ID badges that included the device along with the student’s name, photo, grade, school name, class year and the four-digit school ID number.

“People have a right not to be tracked. The government shouldn't be putting tracking devices into driver's licenses and other ID cards that people need to go about their daily lives. That is why this bill is so important because it represents a positive first step in managing a problem that will make all Californians safer,” added Lee Tien, Senior Staff Attorney at the Electronic Frontier Foundation.

The bill is supported by a variety of women’s groups, civil rights groups, domestic violence prevention groups, business organizations, and conservative organizations including the Capitol Resource Institute, the AARP, The California Alliance Against Domestic Violence, the Statewide California Coalition for Battered Women, California NOW, and the California Commission on the Status of Women.