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State Lawmaker Eyes Digital Driver’s License

Ryan Williams with the Utah Drivers License Division displays his cell phone with the pilot version of the state’s mobile ID in May in West Valley City, Utah. In Utah, over 100 people have a pilot version of the state’s mobile ID, and that number is expected to grow to 10,000 by year’s end. Widespread production is expected to begin at the start of 2022. AP photo

Electronic driver’s licenses may be coming to New York state.

Assemblywoman Michelle Solages, D-Valley Stream, has introduced A.8160 in the state Assembly to authorize the state Motor Vehicles commissioner to establish a pilot program evaluating the use of optional mobile or digital alternatives to driver’s licenses and non-driver identification cards.

There is currently no Senate version of the legislation.

“Most people never leave home without their smartphone and with this measure, they will never be without their driver’s license or identification,” Solages wrote in her legislative justification. “Many New Yorkers have had been penalized for honest mistakes such as losing their license or not update their license with their most recent changes. If for any reason someone where to lose their phone, they would be able to simply access their license information from their mobile device. Moreover, with this new program, everyone would be able to easily make any necessary updates to their license and help to ensure that minor errors do not result in grave consequences.”

Solages wants the state Motor Vehicles Department to make sure the program protects personal information and to include security features that protect against unauthorized access to information. State law would limit data exchanged between the DMV and any electronic device, between the DMV and the provider of any electronic device, and between any electronic device and the provider of that electronic device. The bill would prohibit an entity that contracts with the DMV from using, sharing, selling, or disclosing information obtained as part of the contract except as necessary to satisfy the terms of the contract.

Pictured is an example of how a driver’s license could be used on an iPhone. Image courtesy of Apple

The holder of a digital driver’s license or identification card would 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, and turning over an electronic device to verify someone’s identity would 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.

Apple announced in June an update to its Wallet app will allow iPhone owners to use their phone as digital identification in some U.S. airports by scanning a driver’s license or state ID in participating U.S. states. The New York Times also reported in June that New York is working with IBM on the possibility of expanding the Excelsior Pass vaccine passport to include driver’s licenses.

At least five states have implemented a mobile driver’s license program with three more launching programs by next year, according to the Associated Press.

While most states with these programs recommend that users still carry their physical driver’s license as a backup, some industry experts estimate that the coronavirus pandemic has sped up the widespread adoption of contactless identification methods by at least a decade.

“Most people want some kind of a hard token for their identity, but I don’t know how long that will last,” said Pam Dixon, executive director of the World Privacy Forum, told the AP. “I would imagine that at some point, maybe in a generation, maybe less, that people will accept a fully digital system.”

The Associated Press contributed to this report.

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