(a) The department may establish a pilot program to evaluate the use of optional mobile or digital alternatives to driverâs licenses and identification cards, subject to all of the following requirements: (1) A pilot program established by the department pursuant to this subdivision shall be limited to both of the following: (A) Persons who have voluntarily chosen to participate in the pilot program. (B) No more than 15 percent of licensed drivers for the purpose of evaluation. (2) A participant in a pilot program established by the department pursuant to this subdivision may terminate their participation in the pilot program at any time and may, upon termination, request the deletion of any data associated with their participation in the program. Within 10 days of any such request, the department and all entities contracted with the department for the purpose of effectuating the pilot program shall delete all data collected or maintained pursuant to the participantâs participation in the program. (3) All participants shall receive both a physical and, if requested, an immutable and unique driverâs license or identification card. (b) In developing and implementing the use of digital driverâs licenses and identification cards, the department shall ensure the protection of personal information and include security features that protect against unauthorized access to information, including, but not limited to, all of the following: (1) Ensuring that remote access to the digital driverâs license or identification card shall require the express, affirmative, real-time consent of the person whose digital driverâs license or identification card is being requested for each piece of information being requested and shall be limited to only the information that is provided on a physical driverâs license or identification card. (2) Ensuring that the digital driverâs license or identification card, as well as any mobile application required for the digital driverâs license or identification card, shall not contain or collect any information not strictly necessary for the functioning of the digital driverâs license, identification card, or mobile application, including, but not limited to, information relating to movement or location. (3) Ensuring that the information transmitted to the digital driverâs license or identification card, as well as any mobile application required for the digital driverâs license or identification card, is encrypted and protected to the highest reasonable security standards broadly available, including ISO-18013-5, FIPS 140-3, and NIST 800-53 Moderate, and cannot be intercepted while being transmitted from the department. (c) (1) In the conduct of a pilot program established pursuant to this section, any data exchanged between the department and an electronic device, between the department and the provider of an electronic device, and between an electronic device and the provider of that electronic device shall be limited to those data necessary to display the information necessary for a driverâs license or identification card. (2) An entity contracted with the department for this purpose shall not use, share, sell, or disclose any information obtained as part of this contract, including, but not limited to, information about the holder of a digital driverâs license or identification card, except as is necessary to satisfy the terms of the contract. Upon termination or expiration of a contract entered into for this purpose, the contracting entity shall delete any data collected or generated in the course of activities pursuant to the contract within 30 days. (d) (1) The holder of a digital driverâs license or identification card shall not be required to turn over their electronic device to any person or entity in order to use the digital driverâs license or identification card for identity verification. (2) The holder of a digital driverâs license or identification card showing
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