Introduced Senate Bill (S)

Authored by

DIGEST

Biometric identifiers. Provides that a person shall not enroll a biometric identifier of an individual in a data base unless the person first: (1) provides notice to the individual from whom the biometric identifier was captured; (2) obtains the consent of the individual; or (3) provides a mechanism that can be used to prevent the subsequent use of biometric identifiers for a commercial purpose following enrollment in the data base. Provides that a person who enrolls the biometric identifier of an individual in a data base as permitted under these provisions may not sell, lease, or otherwise disclose the biometric Biometric identifiers. Provides that a person shall not enroll a biometric identifier of an individual in a data base unless the person first: (1) provides notice to the individual from whom the biometric identifier was captured; (2) obtains the consent of the individual; or (3) provides a mechanism that can be used to prevent the subsequent use of biometric identifiers for a commercial purpose following enrollment in the data base. Provides that a person who enrolls the biometric identifier of an individual in a data base as permitted under these provisions may not sell, lease, or otherwise disclose the biometric identifier to another person for a commercial purpose unless the disclosure is made for certain specified purposes. Imposes certain duties on a person that knowingly possesses a biometric identifier that has been enrolled in a data base. Provides that a person that violates these provisions commits a deceptive act that is actionable under the deceptive consumer sales act. Provides that a person who: (1) knowingly and intentionally; and (2) with the intent to defraud or cause harm to another person, or to wrongfully obtain anything of value; violates these provisions, commits a Level 6 felony. Provides that the offense is a Level 5 felony if: (1) the offense involves the biometric identifiers of more than 100 individuals; or (2) the fair market value of the fraud or harm caused by the offense is at least $50,000. ... View more