Setting the Record Straight on REAL ID -- Part II Privacy

Is REAL ID a threat to privacy? There are critics who will say so. But, these same critics can’t and won’t tell you precisely how REAL ID threatens privacy. There’s a reason for that. They have no evidence. The facts are that REAL ID will actually increase privacy protections for Americans, and in several concrete ways.

Under REAL ID, state Departments of Motor Vehicles (DMVs)--not the federal government--will continue to control driver’s license data. And, thanks to REAL ID, that data will get additional protection from disclosure. State DMVs will meet tough new security standards for that data.

State security plans must address, among other things:

• the physical security of the facilities and materials used to produce licenses,
• the design and security features on the cards, and
• the security of how the public’s personal information is managed.

In addition to the "Driver’s Privacy Protection Act," which will continue to bar states and their employees from selling or releasing personal information, the DHS Privacy Office has established a set of best practices for the protection of this information. These best practices provide guidance to the states and raise the bar for state DMVs beyond what was previously required by federal or state law.

Another myth we sometimes hear – "But, won’t REAL ID create new links between DMVs, who will now be checking to make sure that drivers don’t hold licenses from several states? Doesn’t that create a risk of hacking, and identity theft?" Here again, the argument does not hold any water. Law enforcement officials from every state can already log into DMV databases check the validity of a license when they perform a traffic stop. And, for the past 16 years DMV officials have run checks for commercial licenses to keep truck drivers from holding multiple licenses. To date, there’s not been a single reported privacy violation.

If you've ever been the victim of identity theft, there's a one-in-three chance that the thief used a fake driver's license to commit the crime. It’s very simple. Making licenses harder to forge will make this crime harder to perpetrate.

For example, REAL ID requires all states to verify birth certificates by going to the source – the states where the certificates were issued. It calls for electronic confirmation of the data on the certificates, making it much more difficult for an identity thief to create a fictitious identity using a forged birth certificate.

There will always be folks who yearn for a simpler day – before Google, before the Social Security Number, and before telephone books. No doubt all of these innovations have had an effect on privacy. But, they’ve also made modern life far more convenient.

There will also always be folks who yearn for a world where ID isn’t necessary. But, we don’t live in such a world. And, pretending we can live without ID will simply make the lives of the criminals, or even terrorists, easier.

A Public Opinion Strategies poll taken last year shows that 82 percent of the American public favors secure identification to prevent terrorism and identity theft. Most all Americans currently reside in states that are well on their way to secure licenses. There’s still time for the remaining three states to get on board, and provide their citizens with a powerful protection against identity theft.

Thanks for reading. I’ll check in with other thoughts on the topic soon.

Stewart A. Baker
Assistant Secretary for Policy