Vermont Business Magazine Vermont Attorney General TJDonovan has concluded that the Department of Motor Vehicle’s (“DMV”) facial recognition program is not fully compliant with Vermont law and should remain suspended unless or until the Vermont Legislature provides DMV with authorization to use biometric technology.
DMV’s use of facial recognition technology does not comply with Act 154. This is based upon a review of the relevant legislation and legislative history and DMV’s use of biometric technology. Act 154, which required DMV to issue photo IDs, also prohibited DMV from using biometric technology as part of that process — except as might be required by federal transportation laws relating to commercial driver’s licenses (CDLs). The statute reads, in pertinent part:
“The Department of Motor Vehicles shall not implement any procedures or processes for identifying applicants for licenses, learner permits, or nondriver identification cards that involve the use of biometric identifiers. Pursuant to the provisions of 49 U.S.C. § 31308, this subsection shall not apply to applicants for commercial driver licenses or endorsements on these licenses.” 23 V.S.A. § 634(c).
The legislative history made clear that legislation would be needed to permit DMV to apply biometric technology outside of the context of federally-regulated CDLs. DMV suspended all uses of its facial recognition technology effective May 25, 2017. Absent future legislative approval, DMV should not resume using facial recognition technology (or any other forms of biometric technology beyond the context of federally-regulated CDLs.).
Donovan said, “This is about balancing public safety with the privacy rights of Vermonters. We stand ready to work collaboratively with the Legislature, the Governor, and all stakeholders to address these critical, complex issues during the next legislative session.”
The Vermont Attorney General’s Office also concluded that DMV’s suspension of the facial recognition program does not jeopardize Vermont’s compliance with federal laws, including the REALID Act of 2005. Federal law does not require Vermont to use biometric technology to remain compliant with anti-fraud requirements of the REALID act. The DMV will continue to review applications to detect fraud or identity theft without using biometric technology.
Vermont AG: Jul 18, 2017