Tuesday, September 20, 2011

RFID Technology and How it Affects You




http://ow.ly/6AdYs

Article by Trent Livingston from the Geekly Advice blog.

This article discusses the use of RFID (Radio Frequency ID) technology and how its many uses can develop into a concern regarding erosion of privacy rights.  As the article states, "So beyond being “cool tracking devices that fit on your fingernail" what can RFID be used for? Here are some examples:

  • a smartcard reader for a road or bridge toll system
  • newly issued state drivers licenses or identification (not all states…yet)
  • your building security id
  • quick “touch and go” credit cards
  • anti-theft devices / tags
  • shipment tracking
  • smartphone information exchange
The list is fairly endless and is only limited by the imagination. That’s what can be troublesome, because what if the tracking doesn’t stop at the purpose it was intended? What if a company decides to track data that it legally (or ethically) shouldn't, and then combines it with other gathered RFID information unbeknownst to you?"

As the author goes on to state, "We need to keep in mind that we, as consumers, and voters, have the right to make sure our privacy and data is protected and free from discovery. So next time you see a bill about RFID technology (if legislation hasn’t been passed via your state government already), or you see a new product touting RFID capabilities, think twice about the product or application, and your data’s security before you buy. Additionally, ask what data is stored on the chip (if you can find someone that actually knows), and what information is being transferred to the RFID reader."


Not referenced in this article is the impact that RFID technology will have upon eDiscovery.  Tracking devices and GPS location tracking have already been factors involved in eDiscovery disputes, and will continue to be subject to requests for production in civil litigation.  In addition, criminal law cases will also see additional requests for information provided by these tracking devices, and there will be precedent established regarding when warrants are required for law enforcement to obtain information from such tracking technology.

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