California state Senator Bowen’s RFID bill (SB 1834) addresses some aspects of RFID, and omits others.
Among the issues:
“If a retail store uses an RFID system on a consumer product, the RFID tag shall be detached or destroyed before a consumer leaves the store” seems to provide no latitude for choice. It would preclude any post-purchase persistence of RFID, even pseudonymized tags, customer-elected recodings, or secured tags (e.g., password-protected tags that could only be interrogated by the retailer, for returns, etc.).
The bill contains nothing addressing RFID tagging per se. If I’m not using RFID systems in my store, I have no responsibility for any of the products I sell which might bear RFIDs. This is the “leaky retailer” problem, where lots of tags can get loose, as no one is responsible for their being removed/disabled. (Of course, it’s not particularly fair to require Mom-n-PopCo. to assume an “unfunded mandate” of dealing with manufacturers’ tagged products, either.)
One seemingly significant omission: notice. One would expect to see a requirement that stores that do employ RFID systems inform the public of that fact; one might also suggest that stores which sell products which may be RFID tagged and which they can’t/won’t detach or destroy provide notice as well.
There are some knotty problems of inference left untouched here as well. For example, “Collecting information through an RFID system that is aggregate in nature and that does not personally identify an individual is not a violation of this chapter” means that I could use RFID to compile an exhaustive record of tag comings & goings that might be of use to some other party… I could, say, record all the RFID tags entering/exiting a hundred monitored points in my mall/office building/business district, then sell the resulting data set to an out-of-state data aggregator which could cross-reference tags seen with other known information. So I’ve got 200 instantiations of Tag #123456 with dates/times/places; BigSibling Corp., it turns out, happens to know that Tag #123456 happens to correspond to Jane Q. Public’s attache case, and pays me handsomely for the raw transactional data I provide.