ACLU arranged for the introduction of HB 2371, which restricts businesses and government from swiping the barcode on the back of our Oregon driver licenses and state-issued identification cards. Electronic swiping of the barcode reveals almost all of the personal information contained on your license or ID card, including your name, address, date of birth, height, weight, gender, eye color, lens restrictions, donor status and license or ID card number.
Businesses in Oregon and across the country have been acquiring the technology that allows them to swipe this data. HB 2371 establishes important safeguards. While the new law will allow swiping for fraud prevention and in some other cases with permission, it prohibits the collection or retention of anything beyond your name, address, date of birth and card number. Even in cases where swiping is authorized, businesses are prohibited from using the data for marketing purposes.
Currently, some bars and taverns have acquired hand-held machines to confirm a person’s age by swiping the driver license or identification card. Under HB 2371, bars and taverns would still be allowed to do this but would be prohibited from retaining any information. They can use it only to authenticate age, but not to collect or sell information for marketing purposes.
Wireless telecom providers were successful in lobbying for a special provision allowing them to swipe licenses when an individual opens an account for wireless service. While HB 2371 allows for cellular providers to swipe a license to obtain the name, address, date of birth and license or ID card number, it also requires the merchant to seek the customer’s permission before doing so. In addition, if you refuse to allow them to swipe your license, they cannot deny you any goods or services (but instead may collect this information manually).
As an enforcement mechanism, HB 2371 allows for a private right of action, including recovery of attorney fees, if the terms of the law are violated by any business. We pushed hard for this provision so that there would be teeth to these restrictions.
The new law will go into effect January 1, 2010. Watch our website in coming months for a fact sheet explaining your rights under HB 2371. We will want to hear about situations involving any business that is not complying with the law.
WIN: PASSED INTO LAW
Passed House: 59-0
Passed Senate: 20-0
