BILL AS INTRODUCED H.360
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H.360 1
Introduced by Representatives Priestley of Bradford, Arsenault of Williston, 2
Berbeco of Winooski, Cina of Burlington, Cole of Hartford, 3
Logan of Burlington, Masland of Thetford, McGill of Bridport, 4
and White of Bethel 5
Referred to Committee on 6
Date: 7
Subject: Motor vehicles; Department of Motor Vehicles; operator’s licenses; 8
mobile identification; privacy 9
Statement of purpose of bill as introduced: This bill proposes to establish 10
specific requirements to protect the privacy of individuals who use mobile 11
identification. 12
An act relating to privacy protections for mobile identification 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 23 V.S.A § 116 is amended to read: 15
§ 116. ISSUANCE OF MOBILE IDENTIFICATION 16
(a) Definitions. As used in this section: 17
(1) “Attribute authentication” means the verification of a specific quality 18
of a data field on a mobile identification without revealing the underlying data 19
in that field. Attribute authentication includes verifying that a mobile 20 BILL AS INTRODUCED H.360
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identification holder is legally permitted to purchase an age-restricted item 1
without revealing the holder’s date of birth or actual age. 2
(2) “Data field” means a discrete piece of information that appears on a 3
mobile identification. 4
(2)(3) “Full profile” means all the information provided on a mobile 5
identification. 6
(3)(4) “Limited profile” means a portion of the information provided on 7
a mobile identification. 8
(4)(5) “Mobile identification” means an electronic representation of the 9
information contained on a nonmobile credential. 10
(5)(6) “Mobile identification holder” means an individual to whom a 11
mobile identification has been issued. 12
(6)(7) “Nonmobile credential” means a nondriver identification card 13
issued under section 115 of this title, a driver’s license issued under section 14
603 of this title, a junior operator’s license issued under section 602 of this 15
title, a learner’s permit issued under section 617 of this title, a commercial 16
driver’s license issued under section 4111 of this title, or a commercial 17
learner’s permit issued under section 4112 of this title. 18
(8) “Selective disclosure” means the disclosure through a verification 19
system of only certain data fields from a mobile identification that are 20 BILL AS INTRODUCED H.360
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reasonably necessary for the purposes of the verification and the ability of the 1
mobile identification holder to determine which data fields are disclosed. 2
(b) Issuance. The Commissioner of Motor Vehicles may issue a mobile 3
identification to an individual in addition to, and not instead of, a nonmobile 4
credential. If issued, the mobile identification shall: 5
(1) be capable of producing both a full profile and a limited profile; 6
(2) satisfy the purpose for which the profile is presented; 7
(3) allow the mobile identification holder to maintain physical 8
possession of the device on which the mobile identification is accessed during 9
verification; and 10
(4) not be a substitute for an individual producing a nonmobile 11
credential upon request. 12
* * * 13
(d) Administration. 14
(1) The Commissioner may operate, or may operate through a third- 15
party administrator, a verification system for mobile identifications. 16
(2) Access to the verification system and any data field by a person 17
presented with a mobile identification requires the credential mobile 18
identification holder’s consent, and, if consent is granted, the Commissioner 19
may release the following through the verification system: 20 BILL AS INTRODUCED H.360
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(A) for a full profile, all data fields that appear on the mobile 1
identification; and 2
(B) for a limited profile, only the data fields represented in the 3
limited profile for appearing on the mobile identification that the mobile 4
identification holder has consented to have released. 5
(3) The Commissioner shall ensure that any verification system for 6
mobile identifications meets the following requirements: 7
(A) The verification system does not incentivize or require a person 8
using the verification system to take possession of a mobile identification 9
holder’s device while accessing data from the mobile identification. 10
(B) The verification system does not share or retain any information 11
regarding the persons that have accessed data from a particular mobile 12
identification or the locations at which data from a particular mobile 13
identification has been accessed. 14
(C) The verification system requires attribute authentication or 15
selective disclosure in all instances when access to a full profile is not 16
reasonably necessary. The verification system shall ensure that the data fields 17
being requested are first disclosed to the mobile identification holder and that 18
the mobile identification holder may determine which data fields are released 19
to the person requesting the data. 20 BILL AS INTRODUCED H.360
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(D) The verification system utilizes techniques, methodologies, or 1
processes that ensure that data obtained from a mobile identification, including 2
the fact that the verification system was accessed in relation to a specific 3
mobile identification, cannot be linked together by one or more persons who 4
access the verification system. 5
(4)(A) The Commissioner shall adopt standards relating to: 6
(i) security and communications requirements for devices on 7
which mobile identifications are stored; 8
(ii) procedures for requesting and accessing data from mobile 9
identifications through the verification system; 10
(iii) minimum requirements for the identification and 11
authentication of the mobile identification holder prior to obtaining the 12
identification holder’s consent to the disclosure of data fields on the mobile 13
identification; and 14
(iv) requirements providing for the storage of information 15
regarding what data was requested and accessed from a mobile identification, 16
which shall only be available to the mobile identification holder and may be 17
retained or destroyed at the mobile identification holder’s discretion. 18
(B) The standards, to the extent practicable, shall be based on widely 19
accepted and publicly available national or international standards. 20
(e) Privacy protections. 21 BILL AS INTRODUCED H.360
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(1) The verification system and mobile identifications shall not permit 1
the Department or any State entity to obtain control over the device on which a 2
mobile identification is stored or to deactivate a mobile identification stored on 3
a mobile identification holder’s device. 4
(2) A law enforcement officer shall not take physical possession of the 5
device on which a mobile identification holder’s mobile identification is 6
accessed for the purpose of accessing the mobile identification or verifying the 7
mobile identification holder’s identity. 8
(3) No person shall request more data from a mobile identification than 9
is reasonably necessary to determine that the mobile identification holder 10
meets the legal requirements to enter into the transaction with the person 11
requesting the data. 12
(4) No digital services provider, application developer, or administrator 13
or operator of the verification system shall access, collect, retain, share, or use 14
data from a mobile identification or data about the use of a mobile 15
identification, except as necessary to comply with applicable State and federal 16
law. 17
(f) Right to choose whether to use mobile identification. 18
(1) No person shall condition the offer or use of a good or service on 19
access to an individual’s mobile identification or nonmobile credential except 20
if: 21 BILL AS INTRODUCED H.360
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(A) the transaction requires proof of age, identity, residency, or 1
another characteristic pursuant to State or federal law; 2
(B) the identification or credential is requested in relation to financial 3
or banking services to ensure that accounts, funds, financial instruments, or 4
personally identifiable information or financial data is not accessed by an 5
unauthorized person; or 6
(C) the identification or credential is requested in relation to medical 7
services to ensure that goods, services, or private medical information are not 8
provided to an unauthorized person. 9
(2) No person shall charge different prices or rates for goods or services, 10
provide different treatment or quality of goods or services, or condition access 11
or entry to a location based on whether an individual presents mobile 12
identification or an appropriate nonmobile credential, unless the use of mobile 13
identification or an appropriate nonmobile credential is necessary for 14
conducting a remote transaction or due to circumstances beyond the person’s 15
control that prevent the person from accessing the verification system. 16
(g) Enforcement. 17
(1) The Attorney General or a State’s Attorney may bring an action 18
against a private entity to enforce the provisions of this section by restraining 19
prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, 20
and conducting civil investigations in accordance with the procedures 21 BILL AS INTRODUCED H.360
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established in 9 V.S.A. §§ 2458–2461 as though a violation of the provisions 1
of this section is an unfair act in commerce. Any person complained against 2
shall have the same rights and remedies as specified in 9 V.S.A. §§ 2458–3
2461. The Superior Courts are authorized to impose the same civil penalties 4
and investigation costs and to order other relief to the State of Vermont or an 5
aggrieved individual for violations of this section as they are authorized to 6
impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an 7
unfair act in commerce. 8
(2) An individual who has been aggrieved by a violation of the 9
provisions of this section may bring a civil action in the Superior Court 10
seeking: 11
(A) damages equal to: 12
(i) for a negligent violation of the provisions of this section, 13
$2,500.00 or the amount of actual damages, whichever is greater; and 14
(ii) for an intentional violation of the provisions of this section, 15
$5,000.00 or the amount of actual damages, whichever is greater; 16
(B) restraint of prohibited acts; 17
(C) reasonable attorney’s fees and costs; and 18
(D) other appropriate relief. 19
(3) For purposes of enforcing the provisions of this section, a repeated 20
violation of the provisions of this section by the same person through identical 21 BILL AS INTRODUCED H.360
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use of the same individual’s mobile identification prior to enforcement under 1
the provisions of this subsection shall not constitute separate violations of the 2
provisions of this section. 3
Sec. 2. EFFECTIVE DATE 4
This act shall take effect on July 1, 2025. 5