00                      CS FOR SENATE BILL NO. 98(JUD)                                                                    
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 another individual unless the person first                                   
07                 (1)  notifies the individual in a clear manner that the biometric                                       
08       information is being collected, the specific purpose for which the biometric                                      
09       information will be used, and how long the biometric information will be kept; and                                
10                 (2)  receives, in a written, electronic, or other form by which the                                     
11       consent can be documented, the individual's full consent to the collection of the                                 
12       biometric information, the specific purpose for which the biometric information will                              
13       be used, and how long the biometric information will be kept.                                                     
14            (b)  Unless the individual's biometric information was needed for a specific                                 
15       authorized law enforcement, security, or fraud prevention purpose, an individual may,                             

01       at any time, revoke or amend the individual's consent provided under (a) of this                                  
02       section.                                                                                                          
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 a 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 only be                           
08       made for the original purpose for which the 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. Alternate identification. If a person who administers an                                   
13       occupational examination requires an individual taking the examination to provide                                 
14       biometric information to the person for the purpose of identifying the individual taking                          
15       the examination, the person may not require that the individual provide the biometric                             
16       information if the individual provides the person with alternate identification                                   
17       acceptable to the person administering the occupational examination. In this section,                             
18       "occupational examination" includes an examination required for admission to an                                   
19       institution of higher learning.                                                                                   
20            Sec. 18.14.050. Disposal. (a) When a collector no longer needs an individual's                             
21       biometric information for the collector's original purpose, or if an individual requests                          
22       in writing that the individual's biometric information be removed from all databases or                           
23       other storage systems and be permanently destroyed, the collector and the collector's                             
24       contractor, if any, shall, within 120 days and unless prohibited by other law, a                                  
25       regulation, or a court order, remove the individual's biometric information from all                              
26       databases and storage systems and destroy the biometric information.                                              
27            (b)  Within 30 days after determining that the collector no longer needs an                                  
28       individual's biometric information for the collector's original purpose or that the                               
29       individual has requested the removal and destruction, the collector shall notify the                              
30       collector's contractor, if any, that the collector is to remove the individual's biometric                        
31       information from all databases and storage systems and destroy the biometric                                      

01       information.                                                                                                      
02            Sec. 18.14.060. Use of biometric information. A collector may not use                                      
03       biometric information for marketing purposes or for general surveillance purposes, but                            
04       a collector may use the biometric information for a specific authorized security or                               
05       fraud prevention purpose in addition to the specific purpose for which the biometric                              
06       information was collected.                                                                                        
07            Sec. 18.14.070. Storage of biometric information. A collector and a                                        
08       contractor shall store an individual's biometric information in a secure manner, which                            
09       may include encryption or another appropriate method, to ensure that the identity of                              
10       the individual who provided the biometric information is protected.                                               
11            Sec. 18.14.080. Right of action. (a) Except as provided in (b) of this section,                          
12       an individual may bring a civil action against a person who knowingly violates this                               
13       chapter. A person who violates this chapter is liable to the individual for actual                                
14       damages and a penalty of $5,000, except that, if the violation resulted in profit or                              
15       monetary gain to the person, the penalty is $100,000. In this subsection, "knowingly"                             
16       has the meaning given in AS 11.81.900.                                                                            
17            (b)  An action for damages, a penalty, or both may not be brought against the                                
18       state, the agencies of the state, or the officers or employees of the state or the agencies                       
19       of the state for violations of this chapter or for other claims arising under this chapter.                       
20            Sec. 18.14.085. Exemptions. (a) This chapter does not apply to the collection,                             
21       retention, analysis, disclosure, or distribution of                                                               
22                 (1)  biometric information for a law enforcement purpose, including the                                 
23       identification of perpetrators, the investigation of crimes, the identification of missing                        
24       or unidentified persons, or the identification of human remains;                                                  
25                 (2)  biometric information when authorized by state or federal law; or                                  
26                 (3)  facial images by the Department of Administration for drivers'                                     
27       licenses issued under AS 28.15, for state identification cards issued under                                       
28       AS 18.65.310, for administering AS 28.15, or for administering AS 18.65.310.                                      
29            (b)  This chapter does not apply to the retention of voices recorded for quality                             
30       assurance purposes.                                                                                               
31            Sec. 18.14.090. Definitions. In this chapter,                                                              

01                 (1)  "biometric data" means fingerprints, handprints, voices, facial                                    
02       mapping, iris images, retinal images, vein scans, hand geometry, or finger geometry;                              
03                 (2)  "biometric information" means biometric data that is used in a                                     
04       biometric system for fingerprint recognition, hand geometry recognition, finger                                   
05       geometry recognition, voice recognition, facial recognition, iris scans, retinal scans, or                        
06       vein recognition;                                                                                                 
07                 (3)  "biometric system" means an automated system capable of                                            
08                      (A)  capturing biometric data from an individual's biometric                                       
09            information;                                                                                                 
10                      (B)  extracting and processing the biometric data captured under                                   
11            (A) of this paragraph;                                                                                       
12                      (C)  storing the biometric data extracted under (B) of this                                        
13            paragraph;                                                                                                   
14                      (D)  comparing the biometric data extracted under (B) of this                                      
15            paragraph with biometric data stored for the individual for use in future                                    
16            recognition of the individual; and                                                                           
17                      (E)  determining how well the extracted and stored biometric                                       
18            data match when compared under (D) of this paragraph, and indicating                                         
19            whether an identification or verification of identity has been achieved;                                     
20                 (4)  "collector" means a person who collects the biometric information                                  
21       of another individual;                                                                                            
22                 (5)  "contractor" means a person who contracts with a collector to store                                
23       the biometric information collected by the collector, and includes a person to whom                               
24       the contractor sells the contractor's business and transfers the biometric information;                           
25                 (6)  "facial mapping" means the use of digital technology to measure                                    
26       the features of an individual's face;                                                                             
27                 (7)  "facial recognition" means the use of facial mapping for                                           
28       recognition purposes;                                                                                             
29                 (8)  "finger geometry recognition" means the use of the shape and                                       
30       dimensions of one or more fingers for recognition purposes;                                                       
31                 (9)  "fingerprint recognition" means the use of the physical structure of                               

01       an individual's fingerprint for recognition purposes;                                                             
02                 (10)  "governmental entity" means a state agency, a municipality, and                                   
03       an agency of a municipality; in this paragraph, "state agency" means an agency of the                             
04       executive, judicial, or legislative branch of state government;                                                   
05                 (11)  "hand geometry recognition" means the use of the physical                                         
06       structure of an individual's hand for recognition purposes;                                                       
07                 (12)  "iris scan" means the use of an image of the physical structure of                                
08       an individual's iris for recognition purposes;                                                                    
09                 (13)  "person" has the meaning given in AS 01.10.060, and includes a                                    
10       governmental entity;                                                                                              
11                 (14)  "retinal scan" means the use of the pattern of blood vessels in an                                
12       individual's eye for recognition purposes;                                                                        
13                 (15)  "vein recognition" means the use of the veins in an individual's                                  
14       skin for recognition purposes.