Legislative Column for the Week of Monday, March 4, 2013
Protecting Missourians' Privacy

President Ronald Reagan once said, “Man is not free unless government is limited.” The best service government can provide for its citizens is to stand back and let the people thrive. When the federal government steps beyond its bounds and initiates excessive regulations, the people begin to feel suffocated and cannot reach their full potential. We need to do what we can to promote and protect the vision our Founding Fathers had for us — the values of life, liberty, and the pursuit of happiness.

A measure I’m sponsoring in the Senate addresses the protection of privacy for children in Missouri’s public schools. Senate Bill 239 would prohibit a school district from requiring a child to use identification devices that use radio frequency identification technology (RFID) to transmit personal information. Some school districts in Texas are placing RFID chips in student ID badges at campuses across the state; students wear these badges around their necks, and the chip broadcasts information to devices set up on campus. The location of the student can be tracked wherever he or she is on school grounds, from the classroom to the restroom. School districts argue that these badges help them track students’ daily attendance, with school attendance as a key factor in determining a district’s state funding. However, infringing on students’ privacy is not the answer. This “big brother” tactic of monitoring our children simply goes too far. Our children should not be tagged like livestock while at school and shouldn’t feel like their whereabouts are scrutinized by school personnel or by anyone who might gain authorized or unauthorized access to the school.

Another important issue to consider with regards to students’ privacy is identity theft. If the RFID system is hacked, information pertaining to the students would be compromised. Especially at a time when tragic school shootings are on the rise, we cannot allow an attacker to obtain that type of sensitive, personal information.

There is also the issue of religious beliefs with regard to RFID programs. Last fall, administrators from Northside Independent School District in Texas decided to implement an RFID pilot program at two of its campuses. According to an article published by the Huffington Post, the administrators noted that the ID badges would help improve attendance records, leading to more secure school funding. One young lady refused to wear the identification card, due to her personal religious beliefs. The students’ parents requested a preliminary injunction to prevent the school district from transferring her to a different school. In the end, the federal court denied the request and ruled that if the student refused to accept the school’s compromise to allow her to wear the ID badge without the tracking chip, the district could transfer her to another campus.

Although some school districts tout that RFID badges can help monitor school attendance and boost school funding, the cost of implementing a RFID program must be considered. An article posted on MySanAntonio.com in 2012 noted that the Northside Independent School District estimated to spend more than $525,000 to implement the pilot RFID program and more than $136,000 per year to run it. Some officials still say that RFID programs would pay for themselves, but funding is not justification for risking students’ safety and violating their privacy.

Senate Bill 239 was heard by the Senate General Laws Committee on Tuesday, March 5, with no one testifying in opposition. Hopefully the measure will move swiftly through the Legislature to help protect the welfare of students in Missouri.

Another privacy concern came to light this week — it was reported that the Missouri Department of Revenue’s (DOR) local license fee offices have been scanning into a statewide system Missourians’ personal information when obtaining or renewing their drivers’ licenses and concealed carry permits. There is also fear that this information is being sent to the federal government. Regardless of whether the information is getting sent to the federal government, the new procedures by DOR are in violation of state law.

The St. Louis Post-Dispatch has reported on the new procedures implemented by DOR that violate both state law and a citizen’s privacy. DOR claims the new procedures will help prevent identity theft and fraud. However, a man in Stoddard County filed a lawsuit this week stating that the new procedure of scanning personal information infringes on privacy rights, due to the fact that it allows personal information to be collected and distributed to “a private party and the federal government.” The gentleman wanted a concealed carry permit added to his driver’s license; however, he refused to allow his information to be scanned into the DOR system and his concealed carry permit was denied.

In response to this matter, several measures have been filed in the Missouri Legislature (HB 787 and SB 252) that would prohibit DOR from retaining copies of source documents used to obtain driver’s licenses and non-driver’s licenses. I would also like to assure my constituents that several steps are going forward to get to the bottom of this issue. A Senate committee is planning a hearing with the director of DOR, and my office is conducting its own investigation pertaining to any infringement on Missourians’ privacy. Your rights and liberties are of the utmost importance and must be taken very seriously.

I appreciate you reading this legislative report, and please don’t hesitate to contact my office at (573) 751-2108 if you have any questions. Thank you and God bless.