Judge: SC Must Sell Drivers' Photos

By DAVE MORANTZ
.c The Associated Press

COLUMBIA, S.C. (AP) -- A South Carolina judge, saying the right of privacy
does not extend to driver's license photos, has rejected the state's attempt
to halt photo sales to a company that wants them for an anti-fraud system.

``This is not a case involving the traditional concepts of exploitation,
appropriation or commercialization of one's likeness,'' Circuit Judge James
Williams ruled Friday.

The state Public Safety Department sold 3.5 million driver's license photos to
Image Data LLC of New Hampshire for $5,000. The company wanted the photos for
tests in South Carolina aimed at helping businesses confirm a customer's
identity when a credit card or personal check is used.

Bob Houvener, president of Image Data, said the system enhances privacy
because store customers don't have to show addresses, driver's license numbers
and other personal information when making purchases.

State Attorney General Charlie Condon had requested an injunction against the
sale while the state proceeds with a lawsuit to cancel its contract with Image
Data.

A Florida judge blocked a similar Image Data deal there and Colorado's
governor wants to do the same.

``If your photograph can be bought and sold like a used car, what other
personal information goes on the auction block next?'' Condon said. ``What
other portion of our life will be deeded away by the government in the
future?''



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