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AB-1503 Digital driver’s licenses and identification cards.(2021-2022)

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Date Published: 04/27/2021 09:00 PM
AB1503:v96#DOCUMENT

Amended  IN  Assembly  April 27, 2021
Amended  IN  Assembly  March 25, 2021
Amended  IN  Assembly  March 15, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1503


Introduced by Assembly Member Santiago

February 19, 2021


An act to add Article 6 (commencing with Section 13020) to Chapter 1 of Division 6 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1503, as amended, Santiago. Digital driver’s licenses and identification cards.
Existing law requires the Department of Motor Vehicles to issue to a person a driver’s license as applied for when the department determines that the applicant is lawfully entitled to a license. Existing law requires the license to state specified information, including the true name, age, and mailing address of the licensee and a brief description and engraved picture or photograph of the licensee for the purpose of identification.
Existing law authorizes the department to issue an identification card to any person attesting to their true full name, correct age, and other identifying data as certified by the applicant for the identification card.
This bill would authorize the department to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards if specified requirements are met met, including that the Department of the California Highway Patrol approve alternative licenses and licenses, that the pilot program be completed no later than January 1, 2028. 2028, and that all participants receive both a physical and digital driver’s license or identification card. The bill would require the department, in developing and implementing the use of digital driver’s licenses and identification cards, to ensure the protection of personal information and include security features that protect against unauthorized access to information, as specified. The bill would require that the department limit data exchanged between the department and any electronic device or provider of an electronic device, device, between the department and the provider of any electronic device, and between any electronic device and the provider of that electronic device, as specified. The bill would prohibit an entity that contracts with the department from using, sharing, selling, or disclosing information obtained as part of the contract except as necessary to satisfy the terms of the contract, as specified. The bill would state that the holder of a digital driver’s license or identification card is not required to turn over their electronic device to any other person or entity in order to use the digital driver’s license or identification card for identity verification and that turning over an electronic device for the purpose of identity verification does not constitute consent to a search or access to any information other than that which is immediately available on the driver’s license or identification card, as specified. The bill would provide that a request for remote access to a digital driver’s license or identification card requires the express consent of the holder of the digital driver’s license or identification card and shall be limited to the information requested, as specified, and that consent to remote access does not constitute consent to a search, as specified. The bill would state that a participant in the pilot program is not required to use a digital driver’s license or identification card rather than the physical version, as specified. The bill would prohibit a person or entity from providing preferential service based on a person’s use of a digital driver’s license or identification card. The bill would authorize the department to evaluate the use of private industry partners in the conduct of the pilot program, as specified. The bill would authorize the department to include the issuance of Real ID driver’s licenses and identification cards in the pilot program upon authorization of the United States Secretary of Homeland Security. The bill would require the department, if it conducts the pilot program, to submit a report to the Legislature, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 6 (commencing with Section 13020) is added to Chapter 1 of Division 6 of the Vehicle Code, to read:
Article  6. Digital Driver’s Licenses and Identification Cards

13020.
 (a) The department may establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards, subject to all of the following requirements:
(1) The alternative licenses shall be approved by the Department of the California Highway Patrol.
(2) The pilot program shall be limited to no more than 0.5 percent of licensed drivers for the purpose of the evaluation.
(3) The alternative products to be evaluated shall be provided at no cost to the state. state or to the participant.
(4) Any pilot program established by the department pursuant to this subdivision shall be completed no later than January 1, 2028.
(5) Any pilot program established by the department pursuant to this subdivision shall be limited to persons who have voluntarily chosen to participate in the pilot program.
(6) A participant in any pilot program established by the department pursuant to this subdivision may terminate their participation in the pilot program at any time, and may, upon termination, request the deletion of any data associated with their participation in the program. Within 10 days of any such request, the department and all entities contracted with the department for the purpose of effectuating the pilot program shall delete all data collected or maintained pursuant to the participant’s participation in the program.
(7) All participants shall receive both a physical and digital driver’s license or identification card.
(b) In developing and implementing the use of digital driver’s licenses and identification cards, the department shall ensure the protection of personal information and include security features that protect against unauthorized access to information, including, but not limited to, all of the following:
(1) Ensuring that use of the digital driver’s license or identification card does not require handing over one’s digital device to any other person or entity when using the digital driver’s license or identification card.
(2) Ensuring that any remote access to the digital driver’s license or identification card shall require the express, affirmative, real-time consent of the person whose digital driver’s license or identification card is being requested for each piece of information being requested, and shall be limited to only that information which is provided on a physical driver’s license or identification card.
(3) Ensuring that the digital driver’s license or identification card, as well as any mobile application required for the digital driver’s license or identity card, shall not contain or collect any information not strictly necessary for the functioning of the digital driver’s license, identification card, or mobile application, including, but not limited to, location information.
(4) Ensuring that the information transmitted to the digital driver’s license or identification card, as well as any mobile application required for the digital driver’s license or identification card, is encrypted and protected to the highest reasonable security standards broadly available and cannot be intercepted while being transmitted from the department.

(b)

(c) (1) In the conduct of any pilot program pursuant to this section, any data exchanged between the department and any electronic device or the provider of any electronic device device, between the department and the provider of any electronic device, and between any electronic device and the provider of that electronic device, shall be limited to those data necessary to display the information necessary for a driver’s license or identification card.
(2) An entity contracted with the department for this purpose shall not use, share, sell, or disclose any information obtained as part of this contract, including, but not limited to any information about the holder of a digital driver’s license or identification card, except as is necessary to satisfy the terms of the contract. Upon termination or expiration of any contract entered into for this purpose, the contracting entity shall delete any data collected or generated in the course of activities pursuant to that contract within 30 days.
(d) (1) The holder of a digital driver’s license or identification card shall not be required to turn over their electronic device to any other person or entity in order to use the digital driver’s license or identification card for identity verification.
(2) The holder of a digital driver’s license or identification card showing or turning over their electronic device to any other person or entity in order to use the digital driver’s license or identification card for identity verification shall not constitute consent to a search, nor shall it constitute consent for access to any information other than that which is immediately available on the digital driver’s license or identification card. Information incidentally obtained in the process of viewing a digital driver’s license or identification card in order to verify the identity of the holder shall not be used to establish probable cause for a warrant to search the electronic device.
(3) Any request for remote access to their digital driver’s license or identification card for identity verification shall require the express consent of the holder of the digital driver’s license or identification card, shall be limited to the content of the digital driver’s license or identification card specified in the request for remote access, and shall not exceed the information available on a physical driver’s license or identification card.
(4) Consent to remote access to a digital driver’s license or identification card by the holder shall not constitute consent to a search, nor shall it constitute consent for access to any information other than that which is immediately available on the digital driver’s license or identification card. Information incidentally obtained in the process of remotely accessing a digital driver’s license or identification card shall not be used to establish probable cause for a warrant to search the electronic device.
(e) (1) A participant in any pilot program established by the department pursuant to this section shall not be required to use a digital driver’s license or identification card rather than a physical driver’s license or identification card for the purpose of identity verification, nor shall their participation in the pilot program preclude their use of a physical driver’s license or identification card under any circumstances.
(2) A person or entity shall not provide preferential service based on a person’s use of a digital driver’s license or identification card rather than a physical driver’s license or identification card.

(c)

(f) In the conduct of any pilot program pursuant to this section, the department may evaluate the inclusion of participants in the Business Partner Automation Program, pursuant to Section 1685.

(d)

(g) The pilot program may include the issuance of mobile or digital Real ID driver’s license or identification cards upon authorization of the United States Secretary of Homeland Security.

(e)

(h) If the department conducts a pilot program authorized in subdivision (a), the department shall, no later than July 1, 2026, submit a report regarding the pilot program to the Legislature, in compliance with Section 9795 of the Government Code, to include, but not be limited to, all both of the following:

(1)An evaluation of the cost-effectiveness of the alternatives used in the pilot program when compared to the department’s current use of identification cards and driver’s licenses.

(2)

(1) A review of all products evaluated in the pilot program and of the features of those products. The report shall note if the devices evaluated in the pilot program are available with the ability to transmit and retain information relating to the movement, location, and if a product contains that feature, the report shall also note if the product includes any security features to protect against unauthorized access to information.

(3)

(2) Recommendations for subsequent actions, if any, that should be taken with regard to alternatives evaluated in the pilot program. alternative options for digital driver’s licenses or identification cards evaluated in the pilot program.