BILL REQ. #:  H-4069.2 

Read first time 01/21/08.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to electronic reading of radio frequency identification tags in government-issued identification documents; adding a new chapter to Title 19 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that machine-readable features found on drivers' licenses and other similar government-issued identification documents are intended to facilitate verification of identity, not to facilitate collection of personal information to create private databases of commercial, transactional information associated with those individuals.
     The legislature further finds that the use of machine-readable features on government-issued identification documents for purposes other than verification of identity, unless otherwise authorized by law, constitutes an unreasonable infringement of privacy and is an unfair business practice.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Electronically" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
     (2) "Identification document" means any document issued by a governmental entity containing personal information that an individual uses to establish his or her identity as required by law. Identification documents include drivers' licenses or identicards.
     (3) "Personal information" includes any of the following: An individual's name, address, telephone number, e-mail address, date of birth, race, religion, ethnicity, photograph, fingerprint or other biometric image of the individual, social security number, or any other unique personal identifier or number assigned by state or federal government.

NEW SECTION.  Sec. 3   (1) A person or entity shall not intentionally read or attempt to read an identification document electronically for any purpose, unless otherwise authorized by law.
     (2) This section shall not apply to the following:
     (a) Reading a person's identification document in order to comply with federal law or regulations, or state law;
     (b) Reading a person's identification document in order to comply with properly authorized civil, criminal, administrative, or regulatory investigation or subpoena or summons by federal, state, or local authorities;
     (c) Reading a person's identification document in order to respond to judicial process or government regulatory authorities having jurisdiction over the person for examination, compliance, or other purposes as authorized by law;
     (d) Reading an identification document issued to a patient by emergency services;
     (e) Reading an identification document that is issued to a person who is incarcerated in the state prison or county jail, detained in a juvenile facility operated by the juvenile rehabilitation administration, or to a person pursuant to court-ordered electronic monitoring;
     (f) Reading a lost identification document when the owner is unavailable for notice, knowledge, or consent, if the reading is:
     (i) Conducted by law enforcement, government personnel, or those parties specifically authorized by law enforcement or government personnel; and
     (ii) For the limited purpose of reading a lost identification document when the owner is unavailable for notice, knowledge, or consent;
     (g) The reading of an identification document by law enforcement personnel who need to read a person's identification document after an accident in which the person is unavailable for notice, knowledge, or consent;
     (h) The reading of an identification document by a person or entity in the course of operating its own machine-readable identification document system when the reading or collection of data is inadvertent.
     (3) A violation of this section is a class C felony.

NEW SECTION.  Sec. 4   Sections 1 through 3 of this act constitute a new chapter in Title 19 RCW.