California Bans Mandatory Implanting of Identification


Effective January 1, 2008, a new California law will regulate the implantation of RFIDs and other identification

devices in humans. California Senate Bill 362 (“SB 362”) prohibits any person from requiring, coercing, or

compelling another individual to undergo the implanting of an “identification device” on or under the skin.[1] It

specifically prohibits conditioning employment, promotion, or other employment benefits on an individual’s consent to the implantation of an identification device.[2]

Under SB 362, an “identification device” is any item, application or product that is passively or actively capable

of transmitting personal information, including but not limited to devices using radio frequency technology.[3]

An implantation of an identification device is considered to be “subcutaneous” if the device is “existing,

performed, or introduced under or onthe skin.”[4] SB 362 provides that it “shall be liberally construed so as to

protect privacy and bodily integrity.”[5]

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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