Kansas proposal would let drivers use optional digital licenses and ID cards

The Division of Vehicles would offer optional digital versions of driver’s licenses and state ID cards. Applicants must first qualify for and receive the matching physical license or ID card. A digital card could be accepted as proof of identity, except where the law requires a physical card for driving or voting. A digital card would cost $10 and supplement a physical card. The division could contract with public or private entities to develop the system. The proposal says it would take effect after publication in the statute book.

The division and its contractors would have to limit how they handle digital ID information and protect it. These rules would cover the division, its contractors, and information handled by the digital ID system. Contractors could use information only as needed to fulfill their contract and would have to delete data they collected or created within 30 days after the contract ends. The system generally could not keep location or network information, except when needed to confirm a digital ID's authenticity. Information sent to or from the digital ID system would have to be encrypted and protected.

People scanning a digital ID generally could not sell or share information from the scan without the holder’s written consent. The rule would cover people scanning a digital driver’s license or state ID, with an exception for the named financial institutions. Before seeking consent, the scanner would have to explain what information it would collect and why. If the holder did not want a scan, the person could collect the information by hand. The rule would not apply to state-chartered banks, savings and loan companies, or trust companies. The director could impose an additional penalty of up to $5,000 for each violation.

People showing a digital ID would not have to hand over their device for identity checks, and remote access would require consent. These protections would apply when another person or entity checks a holder’s digital driver’s license or ID card for identity verification. Showing or remotely sharing a digital ID would not by itself give permission to search the device or access other information. A remote request would need the holder’s express consent and could access only the requested information available on a copy of a physical card. Information accidentally seen during an identity check could not be used to establish probable cause for a warrant to search the device.