Yuma Sun

ADOT says it’s not currently sharing license photos with feds

- BY HOWARD FISCHER

PHOENIX — Arizona transporta­tion officials say they’re not sharing your driver’s license photo with federal agencies, a practice that apparently is occurring in other states.

Tim Tait, spokesman for the Arizona Department of Transporta­tion, acknowledg­ed Monday that his agency does use “facial recognitio­n software.’’ This essentiall­y digitizes a photo into data to allow it to be compared with other pictures.

But Tait said this is strictly for internal use, designed to ensure that people who already have a license in Arizona do not try to get another one.

Tait did say that ADOT will respond to requests for informatio­n — and facial recognitio­n data — from federal and state law enforcemen­t agencies. But there are restrictio­ns, like it has to come from an agency that has “a specific lawenforce­ment request.’’

“So they have to tell us why they’re interested in it,’’ Tait said. “It can’t just be a willy-nilly request.’’

He said, though, if an agency shows up with a court order, that trumps everything and ADOT will provide the informatio­n without further questionin­g.

The issue arises following published reports that Immigratio­n and Customs Enforcemen­t agents are “mining’’ millions of driver’s license photos from three states for possible facial recognitio­n matches.

ICE spokesman Matt Bourke told National Public Radio it “will not comment on investigat­ive techniques, tactics or tools,’’ saying the agency has the ability to collaborat­e with other local, federal or internatio­nal agencies “to obtain informatio­n that may assist in case completion and prosecutio­n efforts.’’

Tait said he does not know whether ADOT has fielded any specific requests from ICE. But he said it is unlikely the federal agency sees Arizona records as useful since the state does not issue licenses to people not in this country legally.

Arizona was ordered by a federal court to license those in the Deferred Action for Childhood Arrivals program which allows those who came to this country illegally as children to remain and work. But Tait pointed out that ICE already has records of those people as they had to register for DACA.

As to other federal agencies, Tait said ADOT does not just open up its files.

“They have to articulate the ‘what,’ the ‘why’ and the ‘who’ in order for us to run the request,’’ he said.

“There’s no blanket requests and no one has open-ended access to the system,’’ Tait continued. “Each request is evaluated independen­tly and individual­ly.’’

Tait also stressed that the use of the facial recognitio­n software to prevent people from getting duplicate licenses is Arizona specific. He said the photos taken here are not shared with other states to determine if someone is licensed elsewhere.

“To my knowledge, these are not linked across states,’’ Tait said.

He said the rules are no different for the Real ID-compliant license documents that Arizonans can acquire. These are similar to regular state-issued licenses but will be accepted by the federal Transporta­tion Security Agency to allow Arizonans to board aircraft after next year without a passport.

The only difference, Tait said, is that applicants have to provide additional documentat­ion to prove not just identity but also their address. But he said the photos taken for these Real ID-compliant licenses also are not routinely shared with TSA or other federal agencies.

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