Saturday, April 27, 2013

Current RFID State Laws and Their Effects


With the invention of RFID (radio frequency identification) tags, one may wonder if there’s a limit to how this technology can be used in today’s world. RFID chips can be implanted into almost anything and can transmit important information to another source. RFIDs have created plenty of controversy with concerned individuals who worry that RFIDs can potentially violate their privacy either by tracking their every move or by stealing their personal information. The controversy created by RFIDs has forced some state legislatures to enact new laws that define what RFID tags can and cannot do. These laws vary greatly, depending on the state.

Some state laws make RFIDs optional while others prevent RFID chips from being used in specific situations. For example, Wisconsin, Oklahoma, and North Dakota all passed laws preventing RFID tags from being required. In 2009, Arkansas enacted a statute that prohibits driver’s licenses and other forms of IDs from containing RFID tags. That same year, Virginia passed a piece of legislation that states that their Department of Transportation won’t comply with federal laws that require divers to have RFID chips on them.

Other laws are primarily concerned with preventing unauthorized access to personal information that is stored in RFID chips. For example, both California and Nevada passed laws that prohibit reading an RFID chip without the owner’s consent. Washington State passed a similar measure in 2009 that makes RFID scanning illegal unless it is a business or government agency using RFIDs under specific conditions where the information obtained is anonymous. Some pieces of legislation try to prevent unauthorized access by strengthening RFID security measures. Washington, Texas, Minnesota and Michigan have passed laws that increase the overall security in RFID chips.

Other state laws were enacted to prevent unwarranted RFID tracking in specific situations. In 2009, Rhode Island prohibited the RFID tracking of students on school grounds or transportation services. New Hampshire passed a law that prevents drivers from being tracked on highways.

RFID technology is new and its uses are quickly expanding. The process of enacting new laws is a time-consuming process, so it is difficult to catch up to and regulate new technology. While some states have implemented new statutes, many others have not, and the current laws in place will probably need to be expanded in the future to deal with new cases of RFID use and other possible loopholes. It will be very interesting to see how this technology will be regulated in the future and whether or not new legislation will be strict and more widespread.

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1 comment:

  1. It’s nice to see that certain states can see the potential threat that RFID chips can pose to people’s security and privacy. However, I wonder if the country should make RFID hacking a federal offense instead? Additionally, I think it is great that some states have made RFID scanning/reading illegal without the owner’s knowledge; however, this will not stop data thieves from doing it. These state measures are a great start to keeping information more secure on RFID chips, but I really think that the country as a whole should do more regarding these chips.

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