The New Hampshire House Commerce Committee has unanimously recommended passage of a consumer privacy protection bill which has already been tagged as the model for future consumer privacy legislation.

Its encouraging to see the citizens of New Hampshire take an active role in crafting their own future. This bills existence is a sign of increased consumer awareness of RFID and potential abuse of the technology.

I have listed the provisions of HB 203 in italics below followed by my comments (nonitalicized). If indeed future legislation will be modeled after HB 203 we must make sure that the bill truly protects and doesnt just pacify.

HB 203 includes the following provisions:

1. Stipulates that no consumer product or identification document (such as a credit card or ATM card) to which a tracking device has been affixed may be sold without a label containing a universally accepted symbol. The requirement also applies to packaging of the product.

There are no stipulations about the location of the label on the product or package. Therefore a label affixed to the product inside a package or to an internal portion of the package itself would satisfy the labeling requirement but be undetectable by the consumer. From the perspective of consumer notification nothing would be accomplished.

2. Requires that identifying labels be affixed to the product or document or its packaging by the entity that implants the tracking device in the product or by the entity that imports products that contain tracking devices.

The earlier in the supply chain that a label is affixed the easier it is to obscure the label from consumer view.

3. Prohibits anyone from implanting tracking devices into human beings without the informed consent of either the individual or a legal guardian.

Is this really the issue Im sure that some people are afraid of stealth implantation but the larger issue

is the potential curtailment of access commerce resources transportation and other freedoms for people who are unwilling to accept an implant. The Such & Such Company is pleased to inform you that we are converting to RFIDbased commerce for all of our consumer services. We regret that we will no longer be able to serve those of you technodinosaurs who elect not to receive an RFID implant but we wish you good luck in finding a nonRFIDbased gas & electric provider/ bank/ pharmacy/ grocery store/ hospital... Thats the real fear.

4. Prohibits the state or any of its political subdivisions from issuing any radio frequency devices to track individuals with exceptions such as incarcerated prisoners or residents of nursing or assistedliving facilities.

Exceptions such as... what exactly does that mean Is the tracking limited to incarcerated prisoners and residents of nursing or assistedliving facilities or not If not what are the other exceptions

5. Establishes a commission on the use of tracking devices to study their usage in government and business and monitor their effect on the economy and society. Thats broad and vague enough to ensure that not much of anything gets done. Study their usage and do what Monitor their effect and do what Who will conduct these studies and how will they be conducted Who is going to oversee the commission What are the limits of its authority Etc.

Unflinching analysis of proposed legislation is necessary to ensure adequate and appropriate protection for all citizens.

Sally Bacchetta Freelance Writer/Sales Trainer

Sally Bacchetta is an awardwinning sales trainer and freelance writer. She has published articles on a variety of topics including selling skills motivation pharmaceutical sales parenting and RFID.

You can contact her at sb14580yahoo.com and visit her RFID blog for an exploration of the ethical and social considerations of RFID.

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