Tennessee Code Title 55. Motor and Other Vehicles § 55-50-306

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) The department of safety is authorized to develop a secure and uniform system, to be known as the “digital driver license system,” for authorizing persons to present or submit evidence of a valid driver license in an optional digital format in lieu of a physical driver license. An acceptable digital format includes display of digital images on a cellular telephone or any other type of portable electronic device. The department may contract with one (1) or more entities to develop the digital driver license system. The department or entity may develop a mobile software application capable of being utilized through a person's electronic device to access a digital image of the person's driver license.

(b) The department may accept donations and grants from any source to pay the expenses the department incurs in the development of the digital driver license system.

(c) The department may take reasonable measures to publicize the digital driver license system to potential participants.

(d) Neither the department nor any entity contracting with the department shall charge a fee to participate in the digital driver license system.

(e) In lieu of a physical driver license, a person who participates in the system may present or submit evidence of possession of a valid driver license in a digital format, which may be accepted as such evidence for identification and other purposes, including upon the request of a law enforcement officer, a seller of alcoholic beverages, or any other person; except, that to verify the person's identification for the purpose of voting, the person shall not present or submit evidence of possession of a valid driver license in a digital format, and a digital driver license must not be accepted as such evidence. The digital driver license system shall allow law enforcement officers to verify the authenticity of the driver license. If a person displays the evidence in a digital format pursuant to this subsection (e), the person is not consenting for a law enforcement officer to access any other contents of the electronic device.

(f)(1) Data obtained from the use of a digital driver license must not be retained for longer than necessary to confirm the information provided is accurate; provided, however, that data must not be retained for longer than three (3) calendar days.

(2) Data obtained from the use of a digital driver license must not be sold or otherwise provided to any entity other than a law enforcement agency through the course of the agency's duties, a governmental entity that is entitled to the information under state law, or pursuant to a subpoena issued by a court.

(g)(1) As used in this subsection (g):

(A) “Biometric identifier” means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry; and

(B) “Geolocation data” means internet protocol addresses or other information that describes the location of a cellular telephone or other type of portable electronic device, computer, computer system, or computer network from which a person accesses the digital driver license system.

(2) An entity contracting with the department to provide a mobile software application or other method for utilizing a digital driver license system shall not capture or retain a biometric identifier of a person for purposes of the digital driver license system unless the entity is capturing a photograph for the sole purpose of comparing that photograph to a driver license photograph already on file to confirm the person seeking a digital driver license is the same person who holds the physical driver license.

(3) Neither the department nor an entity contracting with the department to provide a mobile software application or other method for utilizing a digital driver license system shall capture or retain geolocation data of a person for purposes of the digital driver license system.

(h) Any data, including a photograph, provided by a person to an entity contracting with the department to provide a mobile software application or other method for utilizing a digital driver license system is personally identifiable information of the person and must not be sold, redisclosed, or otherwise utilized by the entity, except as otherwise provided in subdivision (f)(2).

(i)(1) A person participating in the digital driver license system is not required to use a digital driver license in lieu of a physical driver license for identification or other purposes.

(2) A private or public entity shall not require, or provide preferential service based on, a person's use of a digital driver license in lieu of a physical driver license.

(j)(1) The department shall disable, suspend, or terminate a person's participation in the digital driver license system if:

(A) The physical driver license issued to the participant has been cancelled, revoked, or suspended as provided in this chapter; or

(B) The participant reports that the participant's electronic device has been lost or stolen.

(2) The digital driver license must be disabled at the time of suspension, cancellation, or revocation of the physical driver license, and must be removed from the device within twenty (20) days if the physical driver license has not been restored.

(k) For purposes of this section, “driver license” includes a photo identification license issued under § 55-50-336.

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Cite this article: FindLaw.com - Tennessee Code Title 55. Motor and Other Vehicles § 55-50-306 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-50-306/

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