There are really two sets of laws: one for you and one for the government. Both are made by the government. (Strictly talking positive law, here).
“Your” laws work like this: They mandate that you must have a driver’s license from their DMV. You break your law, you go to jail.
“Their” laws work like this: They are legally prohibited from using biometrics at their DMV. They break the law, the law is broken.
An example of their lawlessness regarding their own laws from Vermont:
The Vermont Department of Motor Vehicles has been caught using facial recognition software — despite a state law preventing it.
Documents obtained by the American Civil Liberties Union of Vermont describe such a program, which uses software to compare the DMV’s database of names and driver’s license photos with information with state and federal law enforcement. Vermont state law, however, specifically states that “The Department of Motor Vehicles shall not implement any procedures or processes… that involve the use of biometric identifiers.”
The program, the ACLU says, invites state and federal agencies to submit photographs of persons of interest to the Vermont DMV, which it compares against its database of some 2.6 million photos and shares potential matches. Since 2012, the agency has run at least 126 such searches on behalf of local police, the State Department, FBI, and Immigrations and Customs Enforcement.
The law they break: 23 V.S.A. § 634(c).
It’s called a double standard. You pay for it. Then you pay for it again. Dandy system.
Books for you. Books for them. State of Vermont.