April 15, 2005
New Publication Highlights State Actions On Privacy, Security and Identification Issues
WASHINGTON, D.C. - State legislatures are taking action to balance the public's privacy concerns with their security worries, according to a new publication being released today by the National Conference of State Legislatures.
"Identification Security: Technology and Policy Issues," provides a synopsis of key technology, privacy, security, access and related identification security issues and offers advice to policymakers on specific identity and privacy issues. NCSL's Foundation for State Legislatures sponsored the publication, creating a partnership of state legislators, state legislative staff and the private sector. Minnesota State Senator Steve Kelley and Virginia Delegate Joe May served as chair and vice chair of the project, respectively.
The publication says identification security challenges for government "have increased significantly with the growth in identity theft, fraud and breaches of homeland security. False IDs are used to facilitate a variety of crimes, from the illegal purchase of alcohol and firearms, to false background checks, identity theft, terrorism and other violent offenses. Advances in computer software and hardware have made it easier to produce fraudulent IDs and to breach ID system protections."
Of particular concern, the partnership says, are "breeder documents," like birth certificates, marriage licenses and other official papers that are needed to obtain driver's licenses, passports and other government-issued documents. States are considering collecting biometric information, such as fingerprints and iris scans, but there are logistic and legal questions on how the information is stored and used.
"At least one-quarter of the states use some form of biometric technology to verify identity, and more are considering such measures," the report says. "To improve ID system practices, governments are strengthening the process for verifying and authenticating individuals, including the capture and use of biometrics, photographs and digital signatures. They also are implementing measures to make ID credentials more secure, reliable and durable."
The publication notes states are actively considering laws to protect identity theft. At least 14 states in the last four years have passed laws regarding information on the magnetic strips of credit cards and nine states have passed laws restricting the use of social security numbers on driver's licenses in the past two years.
States also are taking advantage of technological advancements to fight crime, the publication says. All states and many municipalities have planned or implemented information systems that enable data sharing among various parts of the justice community. "States are working to develop, fund and maintain the technological and legal infrastructure needed to support justice data sharing, while ensuring the security and privacy of justice information systems."
Although they do not represent official NCSL policy, the partnership recommends specific principles for states to adopt to address identification security issues, including:
- Each state should establish standard requirements to protect “breeder documents”—such as birth certificates, marriage and name change documents—from theft, alteration, destruction or unauthorized access and should be protected against forgery, through legal and technical measures.
- Biometric data—including photos, fingerprints, retinal scan data and, possibly, DNA—should be used where appropriate, based on the level of risk and security required.
- Federal identification and privilege documents (i.e., passports, social security cards) and related procedures should not conflict with state standards and procedures and must allow secure exchanges of data to extent necessary to prevent fraud and breaches of ID security.
- States should ensure the security of their issuance systems.
- States should limit the validity of ID documents to a reasonable period of time.
- The document and related systems should protect against errors and include policies and procedures for quickly correcting errors and reversing unjust denials.
- Private sector uses of the identification document may be allowed but should not increase the risk of forgery or identity theft.
- The ID document and related procedures should not create a means of unauthorized surveillance of an individual.
- Individuals should be provided with notice about the purpose and uses of the ID document before information is collected or the document is issued and they should have access to this information and be able to correct inaccuracies.
The publication is available from NCSL for $15 and can be purchased by contacting the NCSL Bookstore at 303-364-7700 or books@ncsl.org. Credentialed members of the media may obtain a free copy of the report by sending an email to press-room@ncsl.org.
NCSL is a bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.
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