Published: January 17, 2008 10:20 pm         

Senator co-sponsors bill to protect privacy rights

CHARLESTON — Sen. Clark Barnes, R-Randolph, says privacy rights are imperiled by a move in Congress to impose a Real ID on Americans and it’s an act he intends to block in West Virginia.

His bill introduced Thursday with 11 co-sponsors flatly declares that West Virginia won’t take part in the 2005 act.

Moreover, it says the Department of Transportation is directed against implementing the federal act’s provisions, and that it must inform the governor of any effort by federal agencies, including Homeland Security, to use records in the Motor Vehicles Division to put it in force.

Barnes said privacy rights are a constitutional guarantee and viewed upon by West Virginians as “sacred.”

“Real ID gives the government access in one fell swoop to a lot of our information,” the senator said.

“First of all, the government hasn’t told us exactly what they want to do with all this information. And that ought to make people nervous.”

Barnes finds it troubling that such cards contain a wide range of personal data — medical, purchasing, credit and the like — and even more could be stashed on the cards.

Hypothetically, since he often hunts in Canada, the senator drew a scenario where he legally buys a rifle in West Virginia but in passing through “the gun-unfriendly state of Massachusetts” gets stopped on a traffic violation.

“They run my driver’s license and guess what’s on my driver’s license?” he asked.

“The fact that I purchased a firearm in West Virginia. And I had no idea it was illegal in Massachusetts. And now I’m charged as a felon in Massachusetts. I have done something that was very legal in West Virginia.”

Co-sponsoring the bipartisan bill were Sens. Shirley Love, D-Fayette, John Unger, D-Berkeley, John Yoder, R-Jefferson, Jon Blair Hunter, D-Monongalia, Andy McKenzie, R-Ohio, Jeffrey Kessler, D-Marshall, Roman Prezioso, D-Marion, Dan Foster, D-Kanawha, Vic Sprouse, R-Kanawha, Donna Boley, R-Pleasants, and Larry Edgell, D-Wetzel.

Barnes also is questioning why federal authorities want to know the medical records of citizens.

“I don’t think there’s a soul in the world that wants his medical records out on one card, and your financial records,” he said.

Barnes said he doesn’t buy the argument that Real ID is vital to national security.

“They’re using this as an excuse to inflict this on 100 percent of the population when, by golly, we should have enough sense that there are times for discrimination,” he said.

— E-mail: mannix@register-herald.com