FasTrak Privacy Bill Signed by California Governor

Good news today for the location privacy of all California FasTrak users.Legislation authored by State Senator Joe Simitian (D-Palo Alto) to protect the privacy of drivers using the FasTrak payment system for toll bridges and roads was signed into law today by Gov. Arnold Schwarzenegger.

As Simitian points out, "your travel history is a road map to your personal life. Where you've been, and when, day after day, year after year, reveals a lot about you."

The legislation, Senate Bill 1268, protects "locational privacy," a person's right not to be tracked while driving, in the following ways:

• Prohibits transportation agencies from selling or sharing personal data;
• Requires them to purge the data when it is no longer needed;
• Sets penalties for violations; and,
• Ensures that FasTrak subscribers are given notice of the privacy practices affecting them.

If you use FasTrak, transportation agencies are collecting a significant amount of data about your travel patterns. Information is collected when you pass through a toll and FasTrak devices are also read by traffic monitoring systems throughout the Bay Area and elsewhere in the state to measure traffic congestion.

Ever look up at the digital signs on the freeway and wonder how they get those driving times? It is from reading FasTrak devices.

FasTrak uses Radio Frequency Identification (RFID) technology, tiny computer chips that can be read at a distance, often without you even knowing that they have been read. Want to keep transportation agencies from reading your FasTrak and collecting data about your travels when you are not going through a toll? Keep your FasTrak in the mylar (shiny silver) bag that was issued with your device.

If you have lost your mylar bag (or threw it away because you thought it was just packaging!), you can request a replacement mylar bag at the FasTrak Customer Service Center.

Senator Simitian notes that "relatively obscure transportation agencies have personal data and travel histories for well over a million Californians." Thanks to his bill there are now some improved legal protections to safeguard against misuse or inappropriate access to this personal information. Senate Bill 1268 will become law on Jan. 1, 2011.

You can also learn more about this FasTrak privacy bill at www.senatorsimitian.com/legislation.