Missouri Department of Revenue Implementing Real ID In Violation Of State LawSubmitted by OFallonBrent on Tue, 03/05/2013 - 14:52
The Missouri Department of Revenue has been replacing the computer systems throughout the state. These new systems are now scanning documents for permanent retention. The story is still breaking but here is the situation.
After the passage of the REALID act Missouri opted out and in 2009 passed legislation prohibiting it enactment or even the implementation of systems conforming with it.
A couple of months ago the Missouri DoR began "upgrading" the computer systems at Missouri's license bureaus. Virtually all of these offices are privately owned and licensed to provide the state required permits, licenses, titles, etc. It is not clear if these offices had any choice in the matter.
Missouri DoR was very aware of the restrictions imposed upon it by the state law.
The following is taken from missouritenth.com
“Missouri Revised Statutes, Chapter 32.091.7 clearly states two prohibitions on the Missouri Department of Revenue without “specific statutory authorization”. First is that the Department “shall not collect” individually identifying information on driver’s license applicants, which the Department is requiring of local license offices by requiring them to scan personal source documents without any other options for processing driver’s licenses. Secondly the Department is prohibited from including “any information by which an individual may be identified, unless the department has specific statutory authorization”, which is also being violated by the Department. In this second violation the Department is requiring local licensing offices to provide scanned documents to a federal database that can be cross-referenced through an embedded microchip containing a personalized reference number that may be used to access whatever prohibited information the federal agency chooses.”
Yes, not only is the magnetic strip once again being used for improper purposes, but now DOR is authorizing an RFID chip to be implanted into your license card! While Homeland Security claims this is secure because only a reference number will be on the chip, this individualized number traces back to the federal government’s file containing all your source documents (and who know what else). Citizens’ confidence in this security is understandable questionable in light of the common news reports of computer hacking, including government databases. The fact that your new “Enhanced Driver’s License” comes in a protective slip cover to minimize illegal readings is of little comfort.
The computer data and the subsequent processing of the IDs is carried out by a for profit private company. There are concerns about data integrity.
I man entered one of the license offices to obtain his CCW ID card as required by state law. He had completed all CCW requirements and obtaining the ID card is the last step. Missouri is a "shall issue" state meaning that once he fulfills the state requirements he MUST be issued the ID card. The clerk wanted to scan his documents for archival and he refused to allow them to be scanned. The clerk refused to issue him the ID card, thereby violating state law. The man has filed suit. The prosecutor of Stoddard County Missouri is his attorney, acting in a private capacity.
The Lt. Governor accompanied by the Speaker of the Missouri House held a press conference with the attorney supporting the lawsuit and decrying the violation of state law by the Missouri DoR.
The fact this was going on without the knowledge of other parts of Missouri government is particularly offensive to many and this is going to become a very large issue. Add to that the inclusion for the first time of RFID chips in Missouri IDs, this is particularly heinous.
Thousands of Missourians have been victims and have real claims to damages, either as individuals or as a class.
Here is the video of the press conference.