HB 96: "An Act relating to biometric information."
00 HOUSE BILL NO. 96 01 "An Act relating to biometric information." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18 is amended by adding a new chapter to read: 04 Chapter 14. Biometric Information. 05 Sec. 18.14.010. Biometric data collection. (a) A person may not collect for 06 use in a biometric system the biometric data of an individual who is not the collector 07 unless the collector first 08 (1) notifies the individual in a clear manner 09 (A) that the biometric data is being collected for use in a 10 biometric system; 11 (B) of the specific purpose for which the biometric information 12 will be used; and 13 (C) of the length of time the biometric information will be kept; 14 and 15 (2) receives, in a written, electronic, or other form by which the
01 consent can be documented, the individual's full consent to 02 (A) the collection of the biometric data for use in a biometric 03 system; 04 (B) the specific purpose for which the biometric information 05 will be used; and 06 (C) the length of time the biometric information will be kept. 07 (b) An individual may revoke or amend the individual's consent provided 08 under (a) of this section at any time after the original purpose for which the consent 09 was given ceases to exist. 10 Sec. 18.14.020. Disclosure of biometric information. (a) A collector and a 11 contractor may not disclose, transfer, or distribute the biometric information of another 12 individual, except to its contractor or to a person to authenticate the identity of the 13 individual providing the biometric information. 14 (b) A disclosure, transfer, or distribution under (a) of this section may be made 15 only for the original purpose for which the biometric information was to be used. 16 Sec. 18.14.030. Sale of biometric information. A person may not sell 17 biometric information, except that a contractor may sell the contractor's business to 18 another person and transfer the biometric information to the buyer. 19 Sec. 18.14.040. Disposal. (a) When a collector no longer needs an individual's 20 biometric information for the original purpose for which the biometric information 21 was to be used, the collector and the contractor, if any, shall, within 120 days and 22 unless prohibited by other law, a regulation, or a court order, remove the individual's 23 biometric information from all databases and storage systems and destroy the 24 biometric information. 25 (b) Within 60 days after determining that the collector no longer needs an 26 individual's biometric information for the original purpose for which the biometric 27 information was to be used, the collector shall notify the contractor, if any, that the 28 collector is to remove the individual's biometric information from all databases and 29 storage systems and destroy the biometric information. 30 Sec. 18.14.050. Use of biometric information. A collector may use biometric 31 information for a fraud prevention purpose in addition to the original purpose for
01 which the biometric information was to be used. 02 Sec. 18.14.060. Storage of biometric information. A collector and a 03 contractor shall store an individual's biometric information in a secure manner, which 04 may include encryption or another appropriate method, to ensure that the identity of 05 the individual who provided the biometric information is protected. 06 Sec. 18.14.070. Right of action. An individual may bring a civil action against 07 a person who intentionally violates this chapter. A person who intentionally violates 08 this chapter is liable to the individual for a penalty of $1,000, except that, if the 09 violation resulted in profit or monetary gain to the person, the penalty is $5,000. In 10 this subsection, "intentionally" has the meaning given in AS 11.81.900. 11 Sec. 18.14.080. Exemptions. (a) This chapter does not apply to the collection, 12 retention, analysis, disclosure, or distribution of 13 (1) biometric information for a law enforcement purpose, including the 14 identification of perpetrators, the investigation of crimes, the identification of missing 15 or unidentified persons, or the identification of human remains; 16 (2) biometric information when authorized by state or federal law; 17 (3) facial images by the Department of Administration for drivers' 18 licenses issued under AS 28.15, for state identification cards issued under 19 AS 18.65.310, for administering AS 28.15, or for administering AS 18.65.310; or 20 (4) a photograph, unless the photograph is collected for use in a 21 biometric system. 22 (b) This chapter does not apply to the retention of voices recorded for quality 23 assurance purposes. 24 Sec. 18.14.090. Definitions. In this chapter, 25 (1) "biometric data" means fingerprints, handprints, voices, iris 26 images, retinal images, vein scans, hand geometry, finger geometry, or other physical 27 characteristics of an individual; 28 (2) "biometric information" means biometric data used in a biometric 29 system; 30 (3) "biometric system" means an automated system that 31 (A) captures biometric data from an individual's biometric
01 information; 02 (B) extracts and processes the biometric data captured under 03 (A) of this paragraph; 04 (C) stores the biometric data extracted under (B) of this 05 paragraph; 06 (D) compares the biometric data extracted under (B) of this 07 paragraph with biometric data from the individual stored for use in future 08 recognition of the individual; and 09 (E) determines how well the extracted and stored biometric 10 data match when compared under (D) of this paragraph and indicates whether 11 an identification or verification of identity has been achieved; 12 (4) "collector" means a person who collects the biometric information 13 of another individual; 14 (5) "contractor" means a person who contracts with a collector to store 15 the biometric information collected by the collector and includes a person to whom the 16 contractor sells the contractor's business and transfers the biometric information; 17 (6) "original purpose" means the specific purpose stated for the use of 18 biometric information under AS 18.14.010(a)(1)(B); 19 (7) "person" has the meaning given in AS 01.10.060 and includes a 20 governmental entity; in this paragraph, 21 (A) "governmental entity" means a state agency, a 22 municipality, or an agency of a municipality; 23 (B) "state agency" means an agency of the executive, judicial, 24 or legislative branch of state government.