Over the last month, I’ve heard from countless citizens regarding allegations the Department of Revenue collected, scanned and shared taxpayers’ private information. I share those constituents’ concerns. The ongoing investigation has unearthed multiple revelations that are nothing short of disturbing in their complete lack of legality and ethical standards.
For those unfamiliar with the entire story, let me first provide some background. Last December, the Department of Revenue quietly, and without notifying the public or the General Assembly, implemented a new policy for issuing driver’s licenses and concealed carry (CCW) permits that required citizens to present private, personal documents. The documents were scanned and stored in a database, and then forwarded to a third-party company contracted by Missouri to create the IDs.
This new rule was never promulgated, a direct violation of Chapter 536, RSMo, the Administrative Procedure Act. Citizens were not given an opportunity to comment on the new policy, and the General Assembly wasn’t allowed to review the new rules to ensure they adhere to current statutes and uphold the best interests of the people. These new requirements also seemed to comply with provisions of the federal REAL ID Act, including new cameras that collect biometric data. This is prohibited under state law.
The Senate became aware of the issue after a resident of Stoddard County filed a lawsuit against the department. During the ensuing investigation, senators were regularly misled about the extent of the situation. The director of DOR denied the new policy was in place. Once we discovered it indeed was implemented, we asked him to stop the new requirements. He refused. The governor even went so far as to scoff at the idea that citizens’ private information was being sent to some sort of federal “magical database.”
Frustrated with a lack of answers, the chairman of the Senate Appropriations Committee subpoenaed the department to provide documents related to the collection of this information. Shortly thereafter, an official with the Missouri Highway Patrol admitted the patrol had twice sent discs containing a list of 163,000 CCW holders—out of the roughly 178,000 permit holders in Missouri—obtained from DOR to the federal government. We were assured, however, that those discs were never accessed because of a technical error.
This was yet another false statement, as we found out this week. We now know that the discs were accessible, and the supposed encryption protecting them was nothing more than a simple password, which just happened to be written on a sheet of paper included with the disc. We also learned that the Federal Bureau of Alcohol, Tobacco and Firearms may have received a copy of the list.
In response to the growing public outcry, the director of DOR resigned and the governor announced the department would no longer scan and collect CCW permits. However, the department will continue its current policy of requiring excessive documentation to receive or renew a driver’s license.
Missourians’ privacy has been violated and state law ignored. Even more disturbing is the lengths these agencies have gone to keep this critical information from us. The facts were only discovered after hours of committee hearings and the subpoena of DOR documents.
To prevent a situation like this from happening again, the Senate approved Senate Bill 252. The legislation explicitly prohibits DOR from retaining copies of source documents used to obtain driver’s licenses and requires the department to destroy any said documents it currently has. The bill also removes DOR’s role in issuing concealed carry permits and puts the duty in the hands of local sheriff departments.
During debate, I added an amendment that makes DOR financially liable if a lawsuit is filed, regardless if the actions were carried out by a third-party fee agents. The bill contains an emergency clause and is now in the House for possible debate.
No department or official is above the law. It is critical we hold accountable those individuals responsible for this situation. Missourians’ privacy is a sacred right, one that was infringed upon by their own state departments. This cannot continue. I pledge to do all in my power to mitigate the damage already done and prevent betrayals of this nature from ever happening again.
Contact Me
I always appreciate hearing your comments, opinions, and concerns. Please feel free to contact me in Jefferson City at (573) 751-2459. You may write me at Wayne Wallingford, Missouri Senate, State Capitol, Jefferson City, MO 65101, or email at wayne.wallingford@senate.mo.gov or www.senate.mo.gov/wallingford.
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