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2005 Privacy Legislation Related to Radio Frequency Identification (RFID)

Last update: January 30, 2006

Radio Frequency Identification (RFID) technology can be thought of as a next-generation bar code. A simple RFID tag consists of a microchip and antenna, which when stimulated by a remote "reader," sends back information via radio waves. Like a bar code, an RFID tag identifies the product it is attached to for inventory or purchasing purposes; but an RFID tag can do even more. For example, RFID tags can hold information related to the expiration date of a product, record whether a product has been exposed to excessive heat, or could be used to assist with product recalls.  An RFID-tagged product can be tracked as it moves in commerce, providing better ways to identify and meet consumer demand for products. 

The use of RFID has raised privacy concerns in some states, particularly with regard to the potential linking of personal information with RFID tags.  At least 12 states in 2005 introduced privacy legislation relating to the use of RFID.  (See also additional background information with 2004 legislation.)

State	Bill number	Requires disclosure	Requires removal or deactivation	Prohibits linking RFID data to personal information	Prohibits use	Other
California	S.B. 682  09/09/05 Legislature adjourned 05/16/05 Passed Senate 08/17/05 Placed on Comm. on Appropriations suspense file.	Yes, disclosure of device, reader locations, shield devices and reason for reading.  Annual updates also required.		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.).	Criminalizes remotely reading the document without the owner's knowledge.
California	S.B. 768 09/09/05 Legislature adjourned 05/31/05 Passed Senate 09/08/05 Placed on inactive file on request of Assembly Member.	Yes, disclosure of device, reader locations, shield devices and reason for reading.  Annual updates also required.		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.).	Criminalizes remotely reading the document without the owner's knowledge.
Illinois	H.B. 4088					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.
Maryland	H.B. 354 04/11/05 Legislature adjourned					Creates a task force to study the use of RFID by retailers and manufacturers.
Massachusetts	H.B. 1447 S.B. 181 01/26/05 H Referred to the committee on Consumer Protection; Senate concurred	Yes	Yes			Attorney general to promulgate regulations
Missouri	S.B. 128 05/26/05 Legislature adjourned	Yes
Missouri	S.B. 638 2006 Regular Session	Yes
Nevada	A.B. 264 06/07/05 Legislature adjourned	Yes
New Hampshire	H.B. 203 02/03/05 Retained in Commerce Committee	Yes
New Mexico	H.B. 215 03/19/05 Legislature adjourned	Yes	Yes	Yes
Rhode Island	H.B. 5929 07/15/05 Vetoed by Governor				By state or municipal agencies for tracking the movement or identity of an employee, student or client as a condition of obtaining a benefit or services.
South Dakota	H.B. 1114 03/22/05 Legislature adjourned				In humans (no person may require RFID implantation)
South Dakota	H.B. 1136 03/22/05 Legislature adjourned		Yes		Of personal information obtained via RFID without permission
Tennessee	H.B. 300 S.B. 699 05/28/05 Legislature adjourned	Yes
Texas	H.B. 2953 05/30/05 Legislature adjourned				For mandatory tracking or identification of public school students.
Texas	H.B. 2 (1st Called Session) 07/20/05 Special Session adjourned 06/28/05 Passed House 06/30/05 Passed Senate				For mandatory tracking or identification of public school students.
Utah	H.B. 185 03/11/05 Signed by Governor					Clarifies that computer crimes laws apply to wireless networks.  Exempts from the Computer Crimes Act certain collections of information through the use of RFID-type technology.
Virginia	H.B. 1304 02/27/05 Legislature adjourned					Requires public bodies to conduct a privacy impact analysis when authorizing or prohibiting the use of invasive technologies, such as RFID
Wisconsin	A.B. 290					Prohibits requiring an individual to undergo the implanting of a microchip

NCSL Contact: Pam Greenberg, 303-364-7700 ext. 1413, pam.greenberg@ncsl.org