Report - Guardian

88 The LSE Identity Project Report: June 2005The database that is generated under this regime will also be shared with Mexico andCanada. The law specifies information to be held in the database, including name, dateof birth, gender, digital photograph, signature, and address.The law also repeals earlier statute and allows the Secretary of Homeland Security to“prescribe one or more design formats” for the licenses. The White House announced itssupport for the bill, as it will “strengthen the ability of the United States to protectagainst terrorist entry into and activities within the United States.” 225However, even at its worst, the REAL ID Act only gives the Federal Government thesame powers that the UK Government already has over the information held in theDVLA. The general response to the Act in the US is one of widespread concern, andthere are reports of a number of plans to appeal to the courts on the matter. For instance,the National Governors Association threatened lawsuits on the grounds that it will costStates up to $700 million to comply with the law. 226 The Mexican Government isprepared to lodge a diplomatic complaint regarding the law, referring to it as “negative,inconvenient and obstructionist.” 227In an interesting development, the state of Georgia has prohibited the use of fingerprintsin drivers’ licenses. This followed concerns regarding identity theft, andacknowledgement by the law enforcement community that the fingerprints were notbeing used for combating crime. 228 The state assembly of Georgia responded by passinga law, by a wide majority, 229 prohibiting the collection of fingerprints. The law alsorequires that all existing fingerprints be deleted from the licensing databases:“Not later than 30 days after the effective date of this paragraph, thedepartment shall destroy all records of fingerprints obtained on andafter April 15, 1996, and prior to the effective date of this paragraphfrom applicants for drivers’ licenses, identification cards, andidentification cards for persons with disabilities issued by thedepartment and shall compile and make available for public inspectiona list of all persons or entities to whom the department provided suchfingerprint records. Notwithstanding the provisions of this paragraph,fingerprint images electronically stored on existing drivers’ licenseswill be destroyed upon application for a renewal of the driver’slicense.” 230The Act goes on to state explicitly that applicants shall not be required to submit (orotherwise obtain) fingerprints, biological characteristics such as DNA, nor retinal scanidentification. In an unrelated event, the state’s database was maliciously hacked shortly225 Executive Office of the President, Statement of Administration Policy: HR 418 – REAL ID Act of 2005, Officeof Management and Budget, February 9, 2005.226 ‘National ID Battle Continues’, Kim Zetter, Wired News, May 12, 2005.227 ‘Mexico furious at tough US law on migrants’, John Authers and Edward Alden, The Financial Times, May 13,2005.228 ‘Driver’s License Fingerprints Debated’, Associated Press, February 23, 2005.229 ‘Fingerprint bill deserves Perdue’s OK’, Bob Barr, as published by the Atlanta Journal-Constitution, May 4, 2005,available at http://www.bobbarr.org/default_print.asp?pt=newsdescr&RI=624.230 Georgia General Assembly, House Bill 577, 05 HB 577/AP, to be effective 1 July 2006, available athttp://www.legis.state.ga.us/legis/2005_06/fulltext/hb577.htm.