Virginia House of Delegates Approves Ban on Human Microchips

Yesterday, the Virginia House of Delegates approved a ban on forced implantation of human microchips. The law makes it illegal to implant an identification or tracking device into a person’s body without their written consent. California, North Dakota and Wisconsin have already passed laws prohibiting employers and others from forcing anyone to have a radio-frequency identification device implanted under their skin, and Georgia and Tennessee are considering doing the same.

Both the private and government sectors are concerned with ensuring that private information and physical locations are secure. And for that reason, identification devices are becoming more and more prevalent and important in our era of information technology. Some employers already take advantage of the great progress in the areas of biometrics and smart technologies, which enable them to provide identification systems that are fast, secure, and nearly error free. Some believe that the next inevitable step is the use of human microchips in the commercial market.

The Virginia law prohibits the forced implantation of a microchip device into a person as a condition of employment. Thus, the potential benefits of a passive or active microchip device may never be realized by employers. Some applications of this technology are apparent – increasing security at certain locations (nuclear plants, military bases) and ensuring that only the right people have access to confidential company information – and some applications are yet to be accomplished – tracking children and fugitives and controlling the spread of disease.

However, Virginia lawmakers recognized that these benefits would come at the expense of various rights we enjoy as citizens of this country - privacy, Fourth Amendment protection against unreasonable searches and seizures, Fifth Amendment protection against self-incrimination, etc.  In addition, the continuous intrusion into one's life and the potentials for abuse of the technology are just some of the social and ethical considerations which disfavor such advancements.