00                            SENATE BILL NO. 98                                                                          
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 consent. (a) A person may not retain                               
06       or analyze, or disclose or distribute to another person, biometric information on an                              
07       individual without first obtaining the informed and written consent of the individual.                            
08            (b)  An individual may, at any time, revoke or amend the individual's consent                                
09       provided under (a) of this section.                                                                               
10            Sec. 18.14.020. Alternate identification. A person may not require an                                  
11       individual to provide biometric data to the person for the purpose of identifying the                             
12       individual if the individual provides the person with a valid current                                             
13                 (1)  United States passport; and                                                                        
14                 (2)  identification card issued by a state in the United States or by a                                 
15       branch of the armed forces of the United States.                                                                  

01            Sec. 18.14.030. Uniform consent form. The Department of Health and Social                                
02       Services may by regulation adopt a uniform consent form to assist persons to meet the                             
03       requirements for the consent required by AS 18.14.010. A person who retains or                                    
04       analyzes, or discloses or distributes to another person, biometric information, based on                          
05       consent that is provided in a uniform consent form that has not been revoked, is                                  
06       exempt from civil liability under AS 18.14.060 and from criminal liability for the                                
07       retention, analysis, disclosure, or distribution of the biometric information.                                    
08            Sec. 18.14.040. General authorization. A general authorization for the release                             
09       of medical records or medical information may not be construed to constitute the                                  
10       informed and written consent required by AS 18.14.010.                                                            
11            Sec. 18.14.050. Private right of action. An individual may bring a civil action                          
12       against another person who violates AS 18.14.010 or 18.14.020. Except as provided                                 
13       by AS 18.14.030, a person who violates AS 18.14.010 is liable to the individual for                               
14       actual damages and a penalty of $5,000, except that, if the violation resulted in profit                          
15       or monetary gain to the person, the penalty is $100,000.                                                          
16            Sec. 18.14.060. Exemptions. This chapter does not apply to the retention,                                  
17       analysis, disclosure, or distribution of biometric information                                                    
18                 (1)  for a law enforcement purpose, including the identification of                                     
19       perpetrators, the investigation of crimes, the identification of missing or unidentified                          
20       persons, or the identification of human remains; or                                                               
21                 (2)  when authorized by state or federal law.                                                           
22            Sec. 18.14.090. Definitions. In this chapter,                                                              
23                 (1)  "biometric data" means fingerprints, handprints, voices, facial                                    
24       images, iris images, or retinal images;                                                                           
25                 (2)  "biometric information" means biometric data that is used in a                                     
26       biometric system for fingerprint recognition, hand geometry recognition, voice                                    
27       recognition, facial recognition, iris scans, retinal scans, or palm vein recognition;                             
28                 (3)  "biometric system" means an automated system capable of                                            
29                      (A)  capturing biometric data from an individual's biometric                                       
30            information;                                                                                                 
31                      (B)  extracting and processing the biometric data captured under                                   

01            (A) of this paragraph;                                                                                       
02                      (C)  storing the biometric data extracted under (B) of this                                        
03            paragraph;                                                                                                   
04                      (D)  comparing the biometric data extracted under (B) of this                                      
05            paragraph with biometric data stored for the individual for use in future                                    
06            recognition of the individual;                                                                               
07                      (E)  determining how well the extracted and stored biometric                                       
08            data match when compared under (D) of this paragraph, and indicating                                         
09            whether an identification or verification of identity has been achieved;                                     
10                 (4)  "facial recognition" means the use of an image of the visible                                      
11       physical structure of an individual's face for recognition purposes;                                              
12                 (5)  "fingerprint recognition" means the use of the physical structure of                               
13       an individual's fingerprint for recognition purposes;                                                             
14                 (6)  "governmental entity" means a state agency, a municipality, and an                                 
15       agency of a municipality; in this paragraph, "state agency" means an agency of the                                
16       executive, judicial, or legislative branch of state government;                                                   
17                 (7)  "hand geometry recognition" means the use of the physical                                          
18       structure of an individual's hand for recognition purposes;                                                       
19                 (8)  "iris scan" means the use of an image of the physical structure of an                              
20       individual's iris for recognition purposes;                                                                       
21                 (9)  "palm vein recognition" means the use of the veins in an                                           
22       individual's palm print for recognition purposes;                                                                 
23                 (10)  "person" has the meaning given in AS 01.10.060, and includes a                                    
24       governmental entity;                                                                                              
25                 (11)  "retinal scan" means the use of the pattern of blood vessels in an                                
26       individual's eye for recognition purposes.