2006 Privacy Legislation Related to Radio Frequency Identification (RFID)

Yes, disclosure of device, reader locations, and shield devices.  Annual updates also required. 

A.B. 2561
05/31/06 Passed Assembly
08/24/06 Amended removing RFID relevant portions

Yes

S.B. 682 
08/07/06 Amended removing RFID relevant portions
09/27/06 Signed by Governor, Chapter 509

Yes

In four kinds of mass-distributed identification documents issued by the government: drivers’ licenses, K-12 student IDs, government health and benefit cards, and public library cards.  This timeout for RFID in these four kinds of mass-distributed IDs is for only three years.

Permits the use of RFID in government-issued IDs.  However, in some cases the IDs must meet certain security and privacy requirements.  In most cases, the documents cannot remotely transmit information other than a unique personal identifier number (though exceptions are made for use by the corrections system and emergency services, etc.).

S.B. 768
09/07/06 Sent to Governor
09/09/06 Vetoed by Governor
 

Yes

In four kinds of mass-distributed identification documents issued by the government: drivers’ licenses, K-12 student IDs, government health and benefit cards, and public library cards.  This timeout for RFID in these four kinds of mass-distributed IDs is for only three years.

Permits the use of RFID in government-issued IDs.  However, in some cases the IDs must meet certain security and privacy requirements.  In most cases, the documents cannot remotely transmit information other than a unique personal identifier number (though exceptions are made for use by the corrections system and emergency services, etc.).

Yes

In any device issued to a student by a public school, school district, or county office of education

Authorizes private companies to operate surveillance under court order (such as for sex offenders).  Criminalizes tampering with tracking devices.

Authorizes electronic monitoring with RFID within correctional facilities and sets requirements for such systems

Authorizes private companies to operate surveillance under court order (such as for sex offenders).  Criminalizes tampering with tracking devices.

H.R. 1558
03/28/06 Adopted by House

Creates the House Study Committee on Biological Privacy.  The committee shall undertake a study of the conditions, needs, issues, and uses of biological information and technology by government and private entities and associated problems and recommend any actions or legislation which the committee deems necessary or appropriate.

Provides that a hospital must use a radio frequency identification (RFID) tag in connection with each surgery performed at the hospital. The tag must identify: (i) the patient and the surgeon, (ii) the date and type of surgery, and (iii) the body part to be operated on.

Amends the Consumer Fraud and Deceptive Business Practices Act.  Provides that no one may encode more than the last 4 digits of a social security number in or on a card or document, including, using a chip or other technology, in place of removing the social security number as required by law.

Retailer must offer an opportunity to have the circuit removed free of charge.

Establishes standards for Drug Pedigrees and sets guidelines for selecting an implementation date for an electronic pedigree system.

States that the “possibility of radio frequency identification tags being placed in national identification cards are a potential invasion of civil liberties” and asks the Congress of the United States to repeal the Real ID Act.

Yes

Yes

Attorney general to promulgate regulations

An  initiative to have all cattle in Michigan identified through a radio frequency identification device

Yes

Prohibits an employer from requiring an employee to have personal identification microchip technology implanted as a condition of employment.

H.B. 203
05/23/06 Signed by Governor, Chapter 165

Establishes a commission on the use of radio frequency technology. Requires the commission to report its findings and any recommendations for legislation by November 1, 2007 and submit a final report before dissolving on Nov. 1, 2008.

H.B. 1738
05/10/06 Signed by Governor, Chapter 107

Prohibits the use of surveillance devices, including a radio frequency identification device, to identify ownership of a vehicle or the identity of a vehicle's occupants. 

 Yes

Prohibits requiring an individual to have an implanted or attached microchip.  Prohibits implantation or attachment without written and informed consent.

Provides that a person with such a microchip has the right to have it removed at any time.

Provides criminal penalties for violations

Consumer can request all stored information about them from the retailer.

Attorney general can enforce.

Yes, on retail products.

Establishes the radio frequency identification privacy task force.

Ohio

S.B. 349

Prohibits an employer from requiring an employee of the employer to insert into the employee's body a radio frequency identification tag

Oklahoma

Implements the Oklahoma Animal Identification Program, which may set specifications and standards for the identification technologies used to track and trace animal movements.

S.B. 1444
02/28/06 Passed Senate
04/19/06 Passed House

Implements the Oklahoma Animal Identification Program, which may set specifications and standards for the identification technologies used to track and trace animal movements.

Prohibits use by state/local governments in tracking movement or identity of employees, students, or clients; or as a condition for obtaining benefits or services.

Exceptions for requirements of federal law, department of corrections, and emergency medical care.

Allows civil action for violations.

Uses for emergency medical care must be HIPPA compliant.

Prohibits use by state/local governments in tracking movement or as a condition for obtaining benefits or services, exceptions for requirements of federal law ands emergency response personnel.

Allows civil action for violations.

Uses for emergency medical care must be HIPPA compliant.

Tennessee

Yes

Yes

Use of RFID tags on consumer items can only be used to deter theft

Uses the term "Contactless integrated circuits".

Criminalizes remote reading without permission.

Establishes a joint task force on RFID technology

A.B. 290
05/30/06 Signed by Governor, Act 482