Legislative Column for the Week of Monday, April 15, 2013

Privacy Matters
 

JEFFERSON CITY — In the last few weeks, there has been much discussion regarding the Missouri Department of Revenue (DOR) sharing private information collected from Missouri’s citizens with the federal government. What seems to be worse is that they are using our personal document requirements when renewing or replacing a driver’s license or concealed carry endorsement (CCW). It has also come to my attention this information has been shared with two federal agencies without owner’s permission.

Utilizing a new process for drafting Missouri driver’s licenses, DOR is no longer printing the typical hard, laminated licenses at the time of issuance. The information is sent to a third-party, out-of-state organization in order to make these “safe” ID’s. To obtain many of our state’s licenses and endorsements includes submitting paperwork that can include birth certificates, marriage licenses, divorce decrees, proof of current residence and proof of Social Security number for each person seeking the document. This change in procedure was not reviewed or approved by the Legislature, nor was it submitted to the Joint Committee on Administrative Rules. And unfortunately, it was found these documents were scanned and forwarded to federal departments, which is against state law. And this is merely the tip of the privacy iceberg.

Another troubling fact that has come to light is that DOR is upgrading its camera equipment using a grant from the Department of Homeland Security. Those cameras take a photo of a citizen and apply a process called biometrics, or identifying individuals using their facial characteristics or traits. The introduction of these new cameras led to the old camera equipment’s destruction. The possibility of combining this type facial recognition information and the potential use of the saved, scanned and forwarded documents makes many Missourians uncomfortable having their privacy compromised.

It seems to me that missteps taken by DOR will remain up for debate until members of DOR come forward and either stand for or deny their actions to this point. Lawmakers made it clear in 2009 that Missourians will have no part in the federal REAL ID Act.

Just this week, the director of DOR resigned in the wake of the many questions that have come to light. Then the following day, the governor called for a halt to all document scanning in relation to CCW’s. However, this call should never have been necessary. This unconstitutional invasion of Missourians privacy should never have been allowed to take place. Your elected lawmakers in the State Capitol have stepped into the budget process and zeroed out the DOR allotment until we get some answers. We will continue to investigate these allegations and take steps to move forward in a definitive way. Citizens of Missouri should not have to worry about rogue state departments taking it on themselves to indiscriminately make changes such as these. The Legislature is intended to be the guiding force of any changes in any state departments. We will get to the bottom of this situation.

As always, please feel free to contact me or my staff with any questions or concerns at any time. We look forward to hearing your comments and suggestions and trying to answer any questions you may have. You can reach us by phone at 866-277-0882 (toll-free) or 573-751-2272, or by fax at 573-526-7381.