Will AG Greg Abbott Allow Use Of Electronic Strip On Driver’s Licenses To Be Used To Verify Age At Lottery Vending Machines?
The folks at the Texas Lottery Commission today asked Texas Attorney General Greg Abbott for an opinion on whether or not it is legal to use the electronic “strips” on the back of Texas driver’s licenses to verify the age of individuals purchasing lottery tickets at instant ticket vending machines (ITVMs).
This is a very important request for opinion, because it is basically asking the AG to give a state agency the right to use the electronic strip when state statute specifically states that it may only be used for specific purposes:
ยง 521.126. ELECTRONICALLY READABLE INFORMATION.
(d) The prohibition provided by Subsection (b) does not apply to a person who accesses, uses, compiles, or maintains a database of the information for a law enforcement or governmental purpose, including:
(1) an officer or employee of the department carrying out law enforcement or government purposes;
(2) a peace officer, as defined by Article 2.12, Code of Criminal Procedure, acting in the officer’s official capacity;
(3) a license deputy, as defined by Section 12.702, Parks and Wildlife Code, issuing a license, stamp, tag, permit, or other similar item through use of a point-of-sale system under Section 12.703, Parks and Wildlife Code;
(4) a person acting as authorized by Section 109.61, Alcoholic Beverage Code;
(5) a person establishing the identity of a voter under Chapter 63, Election Code;
(6) a person acting as authorized by Section 161.0825, Health and Safety Code; or
(7) a person screening an individual who will work with or have access to children if the person is an employee or an agent of an employee of a public school district or an organization exempt from federal income tax under Section 501(c)(3), Internal Revenue Code of 1986, as amended, that sponsors a program for youth.
Clearly, the statute is pretty specific as to who can and cannot utilize the electronic strips. My concern is that, if the strips are used, the vendors providing the ITVMs, assuming that the state does subcontract with a vendor for the machines, could collect the information and, quite simply, sell it to businesses who want lists of people who gamble. Or, worse yet, that the state could use the information for other purposes with unintended consequences.
For example, in most cases when someone is put on probation, they are prohibited from gambling or playing the lottery. With TXDL strips being used to verify age, there is nothing to prevent the state from sharing the Lottery Commission with law enforcement agencies, even though such does not appear to be allowed under the statute. And, even if it was specifically disallowed, there is nothing to prevent it from being subpoenaed by law enforcement agencies.
Too, I find it difficult to believe that, since the information would most likely be retained in some fashion, that the state wouldn’t find other purposes for using it. In addition, I don’t see anything that would stop the Lottery Commission from “direct marketing” to consumers who use the machines.
If Abbott allows this, it will open the floodgates.
Written by Vince Leibowitz
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(On May 8th, 2008 at 8:30 am)
Interesting question, but regardless of the opinion, I doubt that it would be commercially viable. I can’t imagine that folks would scan their DL just to purchase a ticket. I think it would hurt sales.