LANSING – Rep. Paul Opsommer (R-DeWitt) said Monday the governor’s newly created Information Privacy Protection Council and the chief privacy officer should review the state’s memorandum of agreement with the federal government regarding enhanced driver’s licenses, arguing the use of radio frequency identification chips poses a privacy risk.

The Legislature approved the enhanced driver’s license in 2008, which allows Michigan residents to travel to Canada and Mexico without a passport starting June 1.

The legislation permitted the use of radio frequency identification (RFID) chips, but banned biometric information and required the state to protect people’s privacy. But Opsommer contends the state’s subsequent agreement with the federal government allows for unencrypted, long-range radio chips.

“I don’t think we need RFID in our licenses period, but even if we did, there is absolutely no reason it couldn’t be short range and encrypted. The federal government has made some bad technology choices that they now want to cram down the rest of our throats. Canada is totally rethinking this whole program from the ground up, and so should Michigan,” he said.

However, a spokesperson for the Department of State emphasized that the enhanced driver’s licenses are not only voluntary, but that the chip doesn’t include personal information.

“The RFID chip doesn’t contain any personal information, only a randomly-generated unique number that lets border officials quickly verify your identity so you can be on your way. It doesn’t make sense to encrypt a random number. Plus, it comes with a protective sleeve that would prevent the random number from being scanned if that is a concern,” said Kelly Chesney. “If the representative does not want to carry one, he doesn’t have to. He can opt to carry a standard license.”

The privacy positions the governor established in an executive directive last week are in line with privacy officials in Canada, Opsommer said in calling on the council and privacy officer to review the enhanced driver’s licenses.

“The governor can get us out of this agreement with 30 days notice before a single one of these licenses is issued. I am asking her to do just that so that the entire agreement can be reviewed by her new Chief Privacy Officer and the Legislature,” he said.

A spokesperson for the governor could not be reached for comment.

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