Can you get a digital ID in Illinois? What to know as new law takes effect

Beginning Jan. 1, a new state law known as HB 4592 allowed the Secretary of State's office to issue mobile ID cards and driver's licenses.

But how can you get one?

The legislation, which is part of Secretary of State Alexi Giannoulias' office-wide modernization effort, took effect at the start of the New Year, and though Giannoulias aimed to have the licenses available by that time, he had previously said they would only be issued "after rigorous testing requirements are implemented and the highest standards of security are ensured."

As of Tuesday, a spokesperson for the office said it was still beginning the "process of developing digital driver's licenses and state ID cards in Illinois."

"The office’s first step will be to develop the highest standards of security and conduct rigorous testing to ensure that residents’ sensitive information and privacy are protected," the office said in a release. "The office will take advantage of best practices from states that have already introduced digital IDs and leverage new technology to implement the best and most state-of-the-art digital ID program in the nation."

What will that look like?

How will mobile driver's licenses work?

With mobile IDs and driver's licenses, residents will be allowed to decide what personal information they wish to share through a contactless encrypted data exchange between their device and the reader, officials said. Such IDs will be able to be used in instances such as purchasing alcohol, cannabis or renting a car while hiding other personal information – like their address.

“Mobile driver’s license and ID cards provide our residents with the option to protect their personal information,” One of the bill's co-sponsor's, Sen. Michael Hastings, said in a statement. “There is no reason age verification should require residents to disclose sensitive information such as their address when we have the technology available for mobile cards that allow for selective information disclosure.”

Additionally, an individual displaying their mobile driver’s license or ID would not constitute consent to have the device searched, according to a release from Illinois Sen. Michael E. Hastings who helped champion the law. Twelve states that already offer mobile forms of identification, while at least 18 other states are currently working toward the implementation, state officials said.

Some groups, including the ACLU, previously expressed concerns about the use of mobile identification documents, citing fears that law enforcement could search a person’s phone without proper consent. The measure in Illinois explicitly prohibit law enforcement officers from searching through a phone’s contents after viewing the mobile identification card, according to the legislation.

Hastings said a key feature of the law is "the requirement that mobile driver’s license and IDs use an electronic credential system – such as a barcode system – to certify there is no requirement for individuals to surrender possession of their mobile device to the requesting party."

Will mobile driver's licenses replace physical ones?

According to Giannoulias, the mobile driver's licenses would not replace their physical counterparts, but instead "act as a companion."

“We’re excited to reach a point where we can implement mobile IDs in a manner that ensures our roads are safe and that the privacy of Illinoisans is protected, while still providing law enforcement, businesses and medical professionals, which rely on physical driver’s licenses and identification cards, the information they require," Giannoulias said in a statement.

Could you use a mobile driver's license at the airport?

According to officials with the TSA, the agency does accept mobile identification at airports, but still encourages fliers to carry physical ID cards as well.

As for REAL ID-compliant cards, mobile identification is also able to be used in those situations, but again officials urge residents to bring physical copies of their identification.

The TSA does accept mobile ID's in many situations, but it notes that "if a digital ID cannot be verified at the TSA security checkpoint, a passenger must use an acceptable physical identity document."

The TSA also stated that the Real ID Act applies to state-issued mobile driver's licenses and ID cards.