Identity Information Protection Act

The legislative history of California's Identity Information Protection Act, sponsored by Sen. Joe Simitian, demonstrates the politics of persistence. Simitian introduced his legislation, aimed at protecting California residents from the privacy risks inherent with Radio Frequency Identification (RFID) devices, in 2005. The following history of the Identity Information Protection Act, except where otherwise denoted, is based on information provided by Simitian on his website, senatorsimitian.com.

Identity Information Protection Act (2005)

Simitian introduced his Identity Information Protection Act as Senate Bill 682, which focused on RFID chips--miniature radio transmitters. Simitian's legislation required that data contained in government-issued RFID identity cards be encrypted, that the ID owner be allowed to choose when to permit the transmission of data, and that individuals issued RFID cards be informed in writing of privacy issues relating to the use of these devices.

Identity Information Protection Act (2006)

As the 2005 legislative session neared its close, Simian's bill became stalled in the appropriations committee, according to an article in RFID Journal. With the persistence that would hallmark his later efforts on behalf of this legislation, Simitian decided to speed up the process by using another bill that was already scheduled for a vote. He revised his Senate Bill 768, an aquaculture bill, to contain the full text of the original Identity Information Protection Act. The California legislature passed this bill in 2006; however, Gov. Arnold Schwarzenegger vetoed it.

Banning RFID Implants (2007)

A Computerworld article discusses the strategy Simitian followed after the 2006 veto of the Identity Information Protection Act. Simitian broke the legislation into five separate bills, each focused on one aspect of the original bill. The first such bill was Senate Bill 362, Banning RFID Implants. This bill outlawed the forced implanting of RFID chips in humans. It passed in the Legislature and became California law.

Texting While Driving Prohibition (2007)

The second of the five bills Simitian introduced had a less positive outcome. Senate Bill 28 originally aimed at limiting the issuance of drivers' licenses that contained RFID chips. However, the legislative history of the bill reveals that its original content was eliminated and the texting prohibition substituted. In this revised form, Senate Bill 28 also became law.

RFID in Schools -- Parental Choice (2007)

Tthe third bill Simitian produced, Senate Bill 29, focused on the use of RFID identification cards in California public schools. This legislation required schools to notify parents about the privacy risks of RFID devices. It also required schools to obtain parental consent before issuing RFID cards. This bill successfully passed the California Legislature, but it too was later vetoed by Schwarzenegger.

Identity Information Protection Act (2007)

The fourth bill issued by Simitian, Senate Bill 30, took the name of his original legislation but was more limited in its scope. Senate Bill 30 would have required that RFID identification cards issued by the government contain specific security features and that their recipients be properly notified of the security risks of such devices. This bill failed to receive the votes needed to pass.

RFID Skimming Ban (2007)

The last of Simitian's five bills, the RFID Skimming Ban, became Senate Bill 31. This bill made it a crime to "skim"--electronically copy--information contained in a RFID device without the owner's consent. Senate Bill 31 became California state law. As he reveals in a "Privacy Piracy" interview, Simitian does not foresee similar success with future RFID legislation. Although his policy of persistence succeeded with the passage of the RFID Skimming Ban and with Banning RFID Implants, Simitian now believes he needs to await a change in the governor's office before introducing future RFID legislation.

Resources

• Simitian's Recorded Interview for "Privacy Piracy"
• Senator Joe Simitian: Joe's Legislation