| State |
Bill number |
Requires disclosure |
Requires removal or deactivation |
Prohibits linking RFID data to personal information |
Prohibits use |
Other |
|
| Alabama |
S.B. 310 |
Yes, disclosure of device, reader locations, and shield devices. Annual updates also required. |
|
Yes, except for a personal identifying number, in state, county, or municipal government identification documents with listed exceptions including where there is a compelling state interest. |
|
Must implement mutual authentication and encryption techniques |
| California |
A.B. 2561
05/31/06 Passed Assembly
08/24/06 Amended removing RFID relevant portions |
|
|
|
|
Asks the California Research Bureau to submit a report on security and privacy for government-issued, remotely readable identification credentials |
| |
S.B. 433
01/26/06 Passed Senate |
|
|
Yes |
In Department of Motor Vehicle issued driver's licenses, or identification cards |
|
| |
S.B. 682
08/07/06 Amended removing RFID relevant portions
09/27/06 Signed by Governor, Chapter 509 |
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. |
| |
S.B. 768
09/07/06 Sent to Governor
09/09/06 Vetoed by Governor
|
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. |
| |
S.B. 1078
05/31/05 Passed Senate |
|
|
Yes |
In any device issued to a student by a public school, school district, or county office of education |
|
| Florida |
H.B. 591
05/01/06 Passed House |
|
|
|
|
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 |
| |
S.B. 450 |
|
|
|
|
Authorizes private companies to operate surveillance under court order (such as for sex offenders). Criminalizes tampering with tracking devices. |
| Georgia |
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. |
| 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. |
| |
H.B. 4259 |
|
|
|
|
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. |
| |
S.B. 2558 |
Yes, for any article for sale by a retailer. |
Retailer must offer an opportunity to have the circuit removed free of charge. |
|
Prohibits use in any identity document created, mandated, or issued the government, exception for I-pass system. |
Uses the term "Contactless integrated circuits" |
| Kansas |
H.B. 2820 |
|
|
|
|
Establishes standards for Drug Pedigrees and sets guidelines for selecting an implementation date for an electronic pedigree system. |
| |
H.R. 6013 |
|
|
|
|
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. |
| Massachusetts |
H.B. 1447 / S.B. 181
|
Yes |
Yes |
|
|
Attorney general to promulgate regulations |
| Michigan |
H.R. 239 |
|
|
|
|
An initiative to have all cattle in Michigan identified through a radio frequency identification device |
| Missouri |
S.B. 638 |
Yes |
|
|
|
|
| |
S.B. 858
02/09/06 Passed Senate |
|
|
|
|
Prohibits an employer from requiring an employee to have personal identification microchip technology implanted as a condition of employment. |
| New Hampshire |
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. |
Provides exceptions. |
| New Jersey |
A.B. 3015 / S.B. 1866 |
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 |
| New York |
A.B. 9504 |
Yes, in establishment and on products. |
Yes, free of charge and cannot require RFID tags for exchanges, returns, etc. |
|
|
Consumer can request all stored information about them from the retailer.
Attorney general can enforce. |
| |
A.B. 9505 |
Yes, on retail products. |
|
|
|
Attorney general can enforce. |
| |
A.B. 9506 / S.B. 7974
06/19/06 Passed Assembly |
|
|
|
|
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 |
H.B. 2605
03/08/06 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. |
| |
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. |
| Rhode Island |
H.B. 7432
06/23/06 Vetoed by Governor |
|
|
|
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. |
| |
S.B. 2768
06/23/06 Vetoed by Governor |
|
|
|
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 |
H.B. 300 / S.B. 699 |
Yes |
|
|
|
|
| |
H.B. 3848 / S.B. 3816 |
|
Yes |
|
|
Use of RFID tags on consumer items can only be used to deter theft |
| Washington |
H.B. 2521 |
Yes, disclosure of device, reader locations, shield devices and reason for reading. |
|
Yes, except for a personal identifying number |
Prohibits use in any identity document created, mandated, or issued the government, exceptions for prisons, toll roads, etc. |
Uses the term "Contactless integrated circuits".
Criminalizes remote reading without permission. |
| |
H.B. 3125 |
|
|
|
|
Establishes a joint task force on RFID technology |
| Wisconsin |
A.B. 290
05/30/06 Signed by Governor, Act 482 |
|
|
|
|
Prohibits requiring an individual to undergo the implanting of a microchip. |
