Folmer, Colleagues Introduce Personal Privacy Legislation

Bills include exemption from Federal ID Card, body data privacy

HARRISBURG – Senator Mike Folmer (R-48), Senator Shirley Kitchen (D-3), Senator John Wozniak (D-35), along with Representative Sam Rohrer (R-128), today announced plans to introduce a three-bill legislative package to protect the personal privacy and liberties of Pennsylvanians.

"In the post-9-11 era, there are some who believe Americans should be stripped of essential liberties for the greater safety of the country, but, as Ben Franklin said ‘those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety,’" quoted Folmer.

"Today, I announce my plans to reintroduce legislation that would exempt Pennsylvania from compliance with the unfunded mandate of a national identification card, REAL ID. The federal government says this plan will protect Americans from terrorists, but I believe it will redefine privacy as we know it and create a mountain of new bureaucracy and increase fees and taxes – without making us any safer."

Eleven states, including South Carolina, New Hampshire, Maine, Montana, and Virginia, have already enacted statutes precluding their compliance with the federal REAL ID Act, passed by Congress in 2005 in response to recommendations from the 9-11 Commission.

"REAL ID is a really bad idea," said State Representative Sam Rohrer. "Regardless of what the federal government says, national identification cards, RFID chips and other surveillance and tracking techniques are just Big Brother on the prowl. Any such attempt that would compromise a citizen's right to their private property and their privacy is an egregious violation of each citizen's individual constitutional rights and is an undeniable example of the federal government violating the 10th Amendment. No state legislature can allow such incursions into their authority without also violating their obligation to support and defend the constitution of their state and of the United States."

The federal REAL ID Act mandates that states turn driver’s licenses into a national identification card. Under REAL ID, state driver’s licenses will not be accepted for federal purposes – including boarding an aircraft or entering a federal facility – unless they meet numerous criteria.

REAL ID also requires states to share motor vehicle databases, which will in effect, create a single, national database. Many are concerned that personal information in such a database could not be kept confidential. Digital scans of identification documents, including birth certificates and Social Security cards, would be required to be retained for at least 10 years (or a paper copy for seven years).

"If we think dealing with PENNDOT is a headache, we ain’t seen nothin’ yet," said Folmer.

It is anticipated that compliance of the unfunded federal mandate would come at a price tag of $11 billion to already financially-strapped states.

REAL ID also threatens privacy rights by opening the door to the empowerment of the Department of Homeland Security to collect biometric data – including fingerprints and eye scans – as well as placing Radio Frequency Identification (RFID) chips in every American’s driver’s license.

Senator Kitchen’s Right to Body Data Privacy Act would prohibit government bodies from capturing or releasing biometric data without an individual’s approval or knowledge.

"How far are we willing to go to let the government invade our privacy and violate our basic rights, in the name of 'freedom' and so-called protection from terrorists?" Kitchen said. "My legislation would help prevent what could become a slippery slope toward having our rights stripped away."

REAL ID offers no controls on what confidential data can be collected from driver’s licenses, where and how long it can be stored, and who is authorized to obtain, share, trade or sell that information. That is why Senator Wozniak is proposing the Identification Card Electronic Swiping Act, which would restrict information that can be made available from driver’s licenses for marketing or other purposes beyond law enforcement. Wozniak cited a 2007 Patriot News article where Harrisburg-area night clubs used personal information from driver’s licenses for marketing purposes.

"With the advancement of technology it is becoming easier and easier to target individuals with unwanted and bothersome solicitations," said Wozniak. "Card swiping is a simple and efficient way to verify that people are who they say they are, but it's time we start protecting the privacy of our citizens."

The privacy legislation is supported by a number of groups, including the American Civil Liberties Union (ACLU) and the National Veterans Committee on Constitutional Affairs, which are concerned with the privacy repercussions of the federal government having the power to track our whereabouts every second of the day.

Contact:

Beth A. Williams
717-787-5708