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E-Bill of Rights Legislation Introduced in WA
Washington state Rep. Jeff Morris introduced HB 1031, which intends to establish individual privacy rights so that manufacturers and sellers of new, innovative technologies have a predictable set of known, individual rights to be aware of before offering their technology for sale or use in the state of Washington.
The Electronic Bill of Rights takes several steps to ensure consumers are made aware of the presence of radio frequency identification (RFID) technology and are protected from nefarious uses. These protections include:
- Notice: Requires a person that sells or issues an RFID tag or similar technologies to notify the consumer of the presence of the tag unless it is disabled or removed at the point of purchase
- Labeling: Requires that products containing RFID chips be labeled clearly and conspicuously
- Consent: Requires businesses to get consumer consent prior to selling or issuing a product that contains RFID technology if that device transmits personal information.
- Removal/Deactivation: Requires that consumers be told how to remove the chips if technically feasible
- Security Measures: Requires businesses to use industry best practices to secure the information transmitted by RFID tags if that data contains personal information
- Unauthorized Use: Prohibits a person from scanning or reading RFID chips to identify a consumer without the consumer’s consent
- Remedies: Allows the attorney general (AG) to enforce the provisions of the bill. The AG can bring an action against a person who violates any of the provisions of the bill and seek damages of up to $10,000 per violation. The bill allows the court to award triple damages, costs, and attorneys' fees if the defendant has engaged in a pattern or practice of violating the provisions of the bill.
Privacy advocates have raised alarms about the increased use of RFID tracking devices, arguing that the devices could potentially be used to track the movement of person. Use of the devices has become widespread in recent years. For example, all U.S. passports issued in 2007 and onward contain RFIDs, and they are frequently found in newer televisions. The state of Washington also announced plans to issue RFID-enabled driver’s licenses.
“The potential of these chips to track the daily lives of individuals is endless and, quite frankly, frightening,” said Morris (D-Mount Vernon), who chairs the Technology, Energy and Communications Committee. “This Electronic Bill of Rights is designed to warn consumers when these chips are being used and outlaws their use without consumer consent.”
ARMA International Washington Policy Brief, April 2007
