New plan would directly address Mobile ID privacy concerns – Shaw Local
New plan would directly address Mobile ID privacy concerns – Shaw Local
Publish Date: 2026-02-14 11:00:00
Source Domain: www.shawlocal.com
In gambling, they call it moving the lines. In government, it’s more about solving a problem before it starts.
Last November, I predicted we wouldn’t end the decade without at least one lawsuit alleging a law enforcement officer violated privacy rights when accessing a digital identification on a mobile device. Secretary of State Alexi Giannoulias has been pushing Illinois into the 21st century. Lawmakers approved optional digital driver licenses in 2024, and Apple users could begin enrolling on Nov. 19. Samsung and Google users should have the option this year.
The original statutory language specified that when a user shows their phone ID, that doesn’t constitute consent for looking at anything else:
“Display of a mobile identification card shall not serve as consent or authorization for a law enforcement officer, or any other person, to search, view or access any other data or application on the mobile device. If a person presents the person’s mobile device to a law enforcement officer for purposes of displaying a mobile identification card, the law enforcement officer shall promptly return the mobile device to the person once the officer has had an opportunity to verify the identity of the person. Except for willful and wanton misconduct, any law enforcement officer, court or officer of the court presented with the device shall be immune from any liability resulting from damage to the mobile device.”
“Your information is presented digitally to the identity reader, so you’ll never need to show or hand over your iPhone or Apple Watch to any business,” according to the state’s Mobile ID website.
But I wasn’t the only one convinced that the law, as written, wouldn’t prevent problems. Last week, state Rep. Ryan Spain, R-Peoria, introduced House Bill 5539 to further clarify the original legislation. In an email, Spain told me the proposal resulted from “several issues” Joint Committee on Administrative Rules members discussed during their…
