September 17, 2005
RFID and privacy concerns
RFID tags follow the EPC system that allows the coding of individual items. This differentiates RFID from other coding systems as they follow the UPC. UPC does not enable item-level tagging. The ability of RFID to collect data at the item level has several consumer groups worried that this could lead to the creation of databases with information on individuals. This information can be used for targeted marketing and even impinge on an individual’s efforts to travel without being pestered. In implementing statutes to protect individual privacy, the government has to ensure that it details the ramifications of accessing information illegally.
The Wiretap act can be viewed as a guideline for understanding the legal issues involved with RFID. According to the Wiretap Act, interception of electronic communication without obtaining prior consent is a breach of the act. Since RFID is also a form of electronic communication, a similar statute can be implemented for it. Also, companies should not maintain any covert databases and the policies that govern RFID operations and maintenance should be available to the public. Retailers should inform patrons that products in the stores are tracked by RFID; this may even entail a contractual understanding between businesses and retailers.
The Fair Information Practice Principles framed by the Federal Trade Commission (FTC) can help in laying down the rules for RFID usage. The FTC highlights the following principles to safeguard privacy:
• Prior intimation that information is being collected.
• Consent regarding use of the information should be obtained from the consumers.
• Individuals should have access to data pertaining to them and should have the right to challenge any perceived inaccuracies.
• The data integrity and security should always be maintained.
RFID will find use with law enforcement agencies as well. It can be used to track the owners of articles that are found at the scene of a crime, identify and track an individual in a throng, and can also serve as an effective restraint on thefts.
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