California Senate limits RFID use

California does many things first, so it is important to note that the California Senate Bill 362, which would prohibit any person from forcing any other person to undergo an implant in their body of a radio frequency identification (RFID) device, passed the California Senate on a 28-9 vote. The bill now goes to the governor for signature. On the issue of involunatry RFID implants, by the way, California would not be first: If the governor signs SB 362, California would join Wisconsin and North Dakota, which have already banned forced RFID implantation. RFID tags are tiny chips with miniature antennae that can be embedded in or placed on almost anything. Using radio waves, RFID can help identify and track people, animals, or objects. RFID technology comes either in passive or active mode. RFID readers access the information on the tags.

In 2004 the U.S. Food and Drug Administration (FDA) approved an RFID tag for human implantation called VeriChip, which would allow medical professionals to access a person’s medical history in the event that the person could not communicate. The chip’s parent company, Delray beach, Florida-based VeriChip Corporation, reports that 2,000 people have already had tags implanted. The company also has clients around the world that want to use human implantation as a source of identity. For example, the attorney general of Mexico and eighteen of his staff members were implanted with chips to allow them to get into high-security areas. The Council on Ethical and Judicial Affairs (CEJA), which develops ethics policies for the American Medical Association (AMA), recently issued a report voicing concerns about the human implantation of RFID tags. The report stresses that RFID devices may compromise a person’s privacy and security because it is not yet clear if the information contained in the tags can be properly protected. Further, CEJA finds that RFID tagging may present physical risks because the tags may migrate under the skin, making them hard to remove at a later time.

SB 362 would not affect voluntary implantation of RFID or any other device.