California: No RFID Chip Implants to Track Employees

Governor Schwarzenegger Signs SB 362 into Law

Don't be surprised if the human resources administrator takes you through employee orientation on your first day of work, and after the usual introductions, signing paperwork, getting photographed for your badge, you are taken to the chip implant room. In case you are wondering, it is the same kind of radiofrequency identification (RFID) chip that your dog has under its skin in case it gets lost. It is the chip that has no restrictions on how much personal data can be stored and read by a special chip-reading device.

Now, if you work in California, effective January 1, 2008, your employer will be restricted from forcing you to get an RFID chip implanted under your skin. Governor Schwarzenegger signed into law, SB 362, which will "prohibit a person from requiring, coercing, or compelling any other individual to undergo the subcutaneous implanting of an identification device, as defined."

The U.S. Food and Drug Administration (FDA) approved RFID devices in 2004 for use in medical situations. RFID chips help minimize surgical mistakes and provide emergency medical first responders with your personal health history and any risks from certain medications you may have. RFID chips can also help curb the distribution of counterfeit drugs and help hospitals manage medical devices and equipment.

In the past five years, RFID chips have been used more aggressively in the workplace to track employee movement through a building. According to a report titled Workplace Privacy Issues Raised by RFID Technology, by Dr. Paul Roth of the University of Otago, RFID chips have been placed on employee badges that will not only open doors, but track the employees movement throughout the building. Some companies using RFID chips in the workplace do not have any data retention policies and personal employee information has been linked to medical records. In some cases, employees are no informed that the data is being collected and how it is being used.