July 9, 2014 by Hilary Hudson
Hilary Hudson

  An expired driver’s license typically demands a routine trip to the tag agency and the accompanying annoyances – waiting in line, paying renewal fees, and posing awkwardly for a picture. Most Oklahomans, however, do not know just how much personal information they are sharing when they smile for the digital camera. The high-resolution photographs taken for Oklahoma driver’s licenses and identification cards actually contain biometric data: unique information that can be used to identify you based on your facial features. The information gathered includes physical signatures like iris recognition data containing color or texture patterns, and a digital image that is compatible with facial recognition programs used by law enforcement.

In response, a Cleveland County resident filed a lawsuit against the Oklahoma Department of Public Safety objecting to the collection and storage of this biometric data as a condition to drive a car in Oklahoma. According to the petition, a DPS agent denied the plaintiff’s application for a driver’s license renewal when the plaintiff refused, on religious grounds, to allow a high-resolution biometric facial photograph to be taken of her. The plaintiff now asserts a violation of the Oklahoma Religious Freedom Act, which forbids government entities from substantially burdening a person’s free exercise of religion, unless that burden is essential to a compelling governmental interest. The reasons the State of Oklahoma has produced to justify the mandatory collection of biometric data fall considerably short of this standard.