28th Legislature(2013-2014)

Bill Text 28th Legislature


00                             HOUSE BILL NO. 144                                                                          
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 information collection. (a) A person may not                                   
06       collect the biometric information of an individual who is not the person unless the                               
07       person first                                                                                                      
08                 (1)  notifies the individual in a clear manner that the biometric                                       
09       information is being collected, the specific purpose for which the biometric                                      
10       information will be used, and how long the biometric information will be kept; and                                
11                 (2)  receives, in a written, electronic, or other form by which the                                     
12       consent can be documented, the individual's full consent to the collection of the                                 
13       biometric information, the specific purpose for which the biometric information will                              
14       be used, and how long the biometric information will be kept.                                                     
15            (b)  An individual may revoke or amend the individual's consent provided                                     
01       under (a) of this section at any time after the original purpose for which the consent                            
02       was given ceases to exist.                                                                                        
03            Sec. 18.14.020. Disclosure of biometric information. (a) A collector and a                                 
04       collector's contractor may not disclose, transfer, or distribute the biometric information                        
05       of another individual, except to its contractor or to a person to authenticate the identity                       
06       of the individual providing the biometric information.                                                            
07            (b)  A disclosure, transfer, or distribution under (a) of this section may be made                           
08       only for the original purpose for which the biometric information was collected.                                  
09            Sec. 18.14.030. Sale of biometric information. A person may not sell                                       
10       biometric information, except that a contractor may sell the contractor's business to                             
11       another person and transfer the biometric information to the buyer.                                               
12            Sec. 18.14.040. Disposal. (a) When a collector no longer needs an individual's                             
13       biometric information for the original purpose for which the biometric information                                
14       was collected, the collector and the collector's contractor, if any, shall, within 120 days                       
15       and unless prohibited by other law, a regulation, or a court order, remove the                                    
16       individual's biometric information from all databases and storage systems and destroy                             
17       the biometric information.                                                                                        
18            (b)  Within 60 days after determining that the collector no longer needs an                                  
19       individual's biometric information for the original purpose for which the biometric                               
20       information was collected, the collector shall notify the collector's contractor, if any,                         
21       that the collector is to remove the individual's biometric information from all                                   
22       databases and storage systems and destroy the biometric information.                                              
23            Sec. 18.14.050. Use of biometric information. A collector may use the                                      
24       biometric information for a fraud prevention purpose in addition to the specific                                  
25       purpose for which the biometric information was collected.                                                        
26            Sec. 18.14.060. Storage of biometric information. A collector and a                                        
27       contractor shall store an individual's biometric information in a secure manner, which                            
28       may include encryption or another appropriate method, to ensure that the identity of                              
29       the individual who provided the biometric information is protected.                                               
30            Sec. 18.14.070. Right of action. An individual may bring a civil action against                            
31       a person who intentionally violates this chapter. A person who intentionally violates                             
01       this chapter is liable to the individual for a penalty of $1,000, except that, if the                             
02       violation resulted in profit or monetary gain to the person, the penalty is $5,000. In                            
03       this subsection, "intentionally" has the meaning given in AS 11.81.900.                                           
04            Sec. 18.14.080. Exemptions. (a) This chapter does not apply to the collection,                             
05       retention, analysis, disclosure, or distribution of                                                               
06                 (1)  biometric information for a law enforcement purpose, including the                                 
07       identification of perpetrators, the investigation of crimes, the identification of missing                        
08       or unidentified persons, or the identification of human remains;                                                  
09                 (2)  biometric information when authorized by state or federal law;                                     
10                 (3)  facial images by the Department of Administration for drivers'                                     
11       licenses issued under AS 28.15, for state identification cards issued under                                       
12       AS 18.65.310, for administering AS 28.15, or for administering AS 18.65.310; or                                   
13                 (4)  a photograph, unless the photograph is collected for use in a                                      
14       biometric system.                                                                                                 
15            (b)  This chapter does not apply to the retention of voices recorded for quality                             
16       assurance purposes.                                                                                               
17            Sec. 18.14.090. Definitions. In this chapter,                                                              
18                 (1)  "biometric data" means fingerprints, handprints, voices, iris                                      
19       images, retinal images, vein scans, hand geometry, finger geometry, or other physical                             
20       characteristics of an individual;                                                                                 
21                 (2)  "biometric information" means biometric data used in a biometric                                   
22       system for fingerprint recognition, hand geometry recognition, finger geometry                                    
23       recognition, voice recognition, iris scans, retinal scans, vein recognition, or other                             
24       recognition of a physical characteristic of an individual;                                                        
25                 (3)  "biometric system" means an automated system that                                                  
26                      (A)  captures biometric data from an individual's biometric                                        
27            information;                                                                                                 
28                      (B)  extracts and processes the biometric data captured under                                      
29            (A) of this paragraph;                                                                                       
30                      (C)  stores the biometric data extracted under (B) of this                                         
31            paragraph;                                                                                                   
01                      (D)  compares the biometric data extracted under (B) of this                                       
02            paragraph with biometric data stored for the individual for use in future                                    
03            recognition of the individual; and                                                                           
04                      (E)  determines how well the extracted and stored biometric                                        
05            data match when compared under (D) of this paragraph, and indicating                                         
06            whether an identification or verification of identity has been achieved;                                     
07                 (4)  "collector" means a person who collects the biometric information                                  
08       of another individual;                                                                                            
09                 (5)  "contractor" means a person who contracts with a collector to store                                
10       the biometric information collected by the collector, and includes a person to whom                               
11       the contractor sells the contractor's business and transfers the biometric information;                           
12                 (6)  "finger geometry recognition" means the use of the shape and                                       
13       dimensions of one or more fingers for recognition purposes;                                                       
14                 (7)  "fingerprint recognition" means the use of the physical structure of                               
15       an individual's fingerprint for recognition purposes;                                                             
16                 (8)  "hand geometry recognition" means the use of the physical                                          
17       structure of an individual's hand for recognition purposes;                                                       
18                 (9)  "iris scan" means the use of an image of the physical structure of an                              
19       individual's iris for recognition purposes;                                                                       
20                 (10)  "person" has the meaning given in AS 01.10.060, and includes a                                    
21       governmental entity; in this paragraph,                                                                           
22                      (A)  "governmental entity" means a state agency, a                                                 
23            municipality, and an agency of a municipality;                                                               
24                      (B)  "state agency" means an agency of the executive, judicial,                                    
25            or legislative branch of state government;                                                                   
26                 (11)  "retinal scan" means the use of the pattern of blood vessels in an                                
27       individual's eye for recognition purposes;                                                                        
28                 (12)  "vein recognition" means the use of the veins in an individual's                                  
29       skin for recognition purposes.                                                                                    
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