Laws & Legislation

Details here are as accurate as can be, if there are any corrections needed please get in touch.

USA

Laws relating to students carrying location tracking RFID:

Missouri – SB523  – September 2014 – introduced by Sen Ed Emery
1. No school district shall require a student to use an identification device that uses radio frequency identification technology, or similar technology, to identify the student, transmit information regarding the student, or monitor or track the location of the student.
2. For purposes of this section, “radio frequency identification technology” shall mean a wireless identification system that uses an electromagnetic radio frequency signal to transmit data without physical contact between a card, badge, or tag and another device.” Passed September 2014.

Texas HB101 – November 2012- introduced by Rep. Lois Kolkhorst and Rep. Cindy Burkett.  “Where a school district may not require a student to use a RFID device or similar technology to transmit information about the student or track the location of the student.  Where a schools district may allow voluntary use of RFID.  Schools districts must provide an alternative identification”  Not successful more details here.

Texas HB102 – November 2012 – introduced by Rep. Lois Kolkhorst and Rep. Cindy Burkett.  
A school district may not require a student to use a RFID device or similar technology to identify the student, transmit information or track the location of the student.”

Texas SB173 –  January 2013 – introduced by Senator Craig Estes.  “A school district may not require a student to use a RFID device or similar technology to identify the student, transmit information or track the location of the student.”

Oregon HB2386 – June 2013 – “Directs State Board of Education to adopt standards for school district board to incorporate into any policy that requires student to wear, carry or use item with radio frequency identification device for purpose of locating or tracking student or taking attendance.” Passed more details here.

Missouri HB239 – introduced by Senator Ed Emery ““No school district shall require a student to use an identification device that uses radio frequency identification, or similar technology, to identify the student, transmit information regarding the student, or monitor or track the student” now has an amendment by Senator Curls, in April 2013, that reads:   “technology, or similar technology, unless such identification device is used solely for the purposes of student safety or student security.” more details here.  Vetoed by Gov Nixon.
Veto overturnedSB523 came into effect October 2014 that:
Prohibits school districts from requiring a student to use an identification device that uses radio frequency identification technology to transmit certain information

Laws relating to RFID implants:

Wisconsin Act 482 – 2005 State Rep. Marlin Schneider  “No person may require an individual to undergo the implanting of a microchip. Any person who violates sub may be required to forfeit not more than $10,000. Each day of continued violation constitutes a separate offense.”

North Dakota SB2415 – 2007  “A person may not require that an individual have inserted into that individual’s body a microchip containing a radio frequency identification device. A violation of this section is a class A misdemeanor.”  more details here.

California SB362 – 2008 Identification devices: subcutaneous implanting – Senator Joe Simitian, “a person shall not require, coerce, or compel any other individual to undergo the subcutaneous implanting of an identification device.” more details here

Georgia SB239 – 2010 “No person shall be required to be implanted with a microchip.  Any person who implants a microchip in violation of this Code section shall be guilty of a misdemeanor.  Any person required to have a microchip implanted in violation of this Code section may file a civil action for damages.  The voluntary implantation of any microchip may only be performed by a physician and shall be regulated under the authority of the Georgia Composite Medical Board.” more details here.

Virginia HB53 – 2010 “Provides that it is unlawful for an insurer to require his insured as a condition of obtaining insurance or remaining insured, or for an employer to require his employee as a condition of employment, to have an identification/tracking device or mark implanted or permanently or semi-permanently incorporated into the body, skin, teeth, hair, or nails of such person to track, or to aid in tracking such person. Violations are subject to a $500 civil penalty.” more details here.

Unsuccessful similar legislation according to the report by Yale Journal of Law and Technology ‘Involuntary Endogenous RFID Compliance Monitoring as a condition of Federal Supervised Reelease – Chips Ahoy?’

Colorado H1B07-1082, 66th Gen. Ass. 1st Sess. –  2007 ‘A person may not require an individual to be implanted with a microchip

Florida SB2220 – 2007 ‘making it a felony to involuntarily implant a person without written informed consent

Ohio SB349, 126th Gen. Ass., Reg. Sess. – 2007 – “No employer shall require an employee of the employer to have inserted into the employee’s body a radio frequency identification tag. Any employer who violates this section shall be subject to a fine of not more than one hundred fifty dollars per violation

Oklahoma SB47 – 2007 making it unlawful to “require an individual to undergo the implanting of a microchip.”

EUROPE

Details to be expanded on – work in progress
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:055:0033:0036:EN:PDF

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:184:0001:0009:EN:PDF
http://www.google.co.uk/#hl=en&gs_rn=9&gs_ri=psy-ab&cp=11&gs_id=2&xhr=t&q=1999%2F468%2FEC&es_nrs=true&pf=p&output=search&sclient=psy-ab&rlz=1R2MOOI_enGB428&oq=1999/468/EC&gs_l=&pbx=1&bav=on.2,or.r_qf.&bvm=bv.45512109,d.d2k&fp=cd9ad4ffbc62c8b2&biw=1298&bih=628
http://ec.europa.eu/enterprise/sectors/electrical/files/lv/rec519_en.pdf

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