Vermont H 360: An act relating to protecting Vermonters

Bill Text

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H.360 1
Introduced by Representatives Priestley of Bradford, Arsenault of Williston, 2
Berbeco of Winooski, Cina of Burlington, Cole of Hartford, 3
Logan of Burlington, Masland of Thetford, McGill of Bridport, 4
and White of Bethel 5
Referred to Committee on 6
Date: 7
Subject: Motor vehicles; Department of Motor Vehicles; operator’s licenses; 8
mobile identification; privacy 9
Statement of purpose of bill as introduced: This bill proposes to establish 10
specific requirements to protect the privacy of individuals who use mobile 11
identification. 12
An act relating to privacy protections for mobile identification 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 23 V.S.A § 116 is amended to read: 15
§ 116. ISSUANCE OF MOBILE IDENTIFICATION 16
(a) Definitions. As used in this section: 17
(1) “Attribute authentication” means the verification of a specific quality 18
of a data field on a mobile identification without revealing the underlying data 19
in that field. Attribute authentication includes verifying that a mobile 20

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identification holder is legally permitted to purchase an age-restricted item 1
without revealing the holder’s date of birth or actual age. 2
(2) “Data field” means a discrete piece of information that appears on a 3
mobile identification. 4
(2)(3) “Full profile” means all the information provided on a mobile 5
identification. 6
(3)(4) “Limited profile” means a portion of the information provided on 7
a mobile identification. 8
(4)(5) “Mobile identification” means an electronic representation of the 9
information contained on a nonmobile credential. 10
(5)(6) “Mobile identification holder” means an individual to whom a 11
mobile identification has been issued. 12
(6)(7) “Nonmobile credential” means a nondriver identification card 13
issued under section 115 of this title, a driver’s license issued under section 14
603 of this title, a junior operator’s license issued under section 602 of this 15
title, a learner’s permit issued under section 617 of this title, a commercial 16
driver’s license issued under section 4111 of this title, or a commercial 17
learner’s permit issued under section 4112 of this title. 18
(8) “Selective disclosure” means the disclosure through a verification 19
system of only certain data fields from a mobile identification that are 20

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reasonably necessary for the purposes of the verification and the ability of the 1
mobile identification holder to determine which data fields are disclosed. 2
(b) Issuance. The Commissioner of Motor Vehicles may issue a mobile 3
identification to an individual in addition to, and not instead of, a nonmobile 4
credential. If issued, the mobile identification shall: 5
(1) be capable of producing both a full profile and a limited profile; 6
(2) satisfy the purpose for which the profile is presented; 7
(3) allow the mobile identification holder to maintain physical 8
possession of the device on which the mobile identification is accessed during 9
verification; and 10
(4) not be a substitute for an individual producing a nonmobile 11
credential upon request. 12
* * * 13
(d) Administration. 14
(1) The Commissioner may operate, or may operate through a third- 15
party administrator, a verification system for mobile identifications. 16
(2) Access to the verification system and any data field by a person 17
presented with a mobile identification requires the credential mobile 18
identification holder’s consent, and, if consent is granted, the Commissioner 19
may release the following through the verification system: 20

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(A) for a full profile, all data fields that appear on the mobile 1
identification; and 2
(B) for a limited profile, only the data fields represented in the 3
limited profile for appearing on the mobile identification that the mobile 4
identification holder has consented to have released. 5
(3) The Commissioner shall ensure that any verification system for 6
mobile identifications meets the following requirements: 7
(A) The verification system does not incentivize or require a person 8
using the verification system to take possession of a mobile identification 9
holder’s device while accessing data from the mobile identification. 10
(B) The verification system does not share or retain any information 11
regarding the persons that have accessed data from a particular mobile 12
identification or the locations at which data from a particular mobile 13
identification has been accessed. 14
(C) The verification system requires attribute authentication or 15
selective disclosure in all instances when access to a full profile is not 16
reasonably necessary. The verification system shall ensure that the data fields 17
being requested are first disclosed to th