00                HOUSE CS FOR CS FOR SENATE BILL NO. 98(HSS)                                                             
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)  An individual may revoke or amend the individual's consent provided                                     
15       under (a) of this section at any time after the original purpose for which the consent                            

01       was given ceases to exist.                                                                                        
02            Sec. 18.14.020. Disclosure of biometric information. (a) A collector and a                                 
03       collector's contractor may not disclose, transfer, or distribute the biometric information                        
04       of another individual, except to a contractor or to a person to authenticate the identity                         
05       of the individual providing the biometric information.                                                            
06            (b)  A disclosure, transfer, or distribution under (a) of this section may only be                           
07       made for the original purpose for which the information was collected.                                            
08            Sec. 18.14.030. Sale of biometric information. A person may not sell                                       
09       biometric information, except that a contractor may sell the contractor's business to                             
10       another person and transfer the biometric information to the buyer.                                               
11            Sec. 18.14.040. Disposal. (a) When a collector no longer needs an individual's                             
12       biometric information for the collector's original purpose, the collector and the                                 
13       collector's contractor, if any, shall, within 120 days and unless prohibited by other law,                        
14       a regulation, or a court order, remove the individual's biometric information from all                            
15       databases and storage systems and destroy the biometric information.                                              
16            (b)  Within 30 days after determining that the collector no longer needs an                                  
17       individual's biometric information for the collector's original purpose, the collector                            
18       shall notify the collector's contractor, if any, that the collector is to remove the                              
19       individual's biometric information from all databases and storage systems and destroy                             
20       the biometric information.                                                                                        
21            Sec. 18.14.050. Use of biometric information. A collector may use the                                      
22       biometric information for a specific authorized security or fraud prevention purpose in                           
23       addition to the specific purpose for which the biometric information was collected.                               
24            Sec. 18.14.060. Storage of biometric information. A collector and a                                        
25       contractor shall store an individual's biometric information in a secure manner, which                            
26       may include encryption or another appropriate method, to ensure that the identity of                              
27       the individual who provided the biometric information is protected.                                               
28            Sec. 18.14.070. Right of action. An individual may bring a civil action against                            
29       a person who intentionally violates this chapter. A person who violates this chapter is                           
30       liable to the individual for actual damages and for a penalty that may not exceed                                 
31       $5,000, except that, if the violation resulted in profit or monetary gain to the person,                          

01       the penalty may not exceed $100,000. In this subsection, "intentionally" has the                                  
02       meaning given in AS 11.81.900.                                                                                    
03            Sec. 18.14.080. Exemptions. (a) This chapter does not apply to the collection,                             
04       retention, analysis, disclosure, or distribution of                                                               
05                 (1)  biometric information for a law enforcement purpose, including the                                 
06       identification of perpetrators, the investigation of crimes, the identification of missing                        
07       or unidentified persons, or the identification of human remains;                                                  
08                 (2)  biometric information when authorized by state or federal law;                                     
09                 (3)  facial images by the Department of Administration for drivers'                                     
10       licenses issued under AS 28.15, for state identification cards issued under                                       
11       AS 18.65.310, for administering AS 28.15, or for administering AS 18.65.310; or                                   
12                 (4)  a photograph, unless the photograph is collected for use in a                                      
13       biometric system.                                                                                                 
14            (b)  This chapter does not apply to the retention of voices recorded for quality                             
15       assurance purposes.                                                                                               
16            Sec. 18.14.090. Definitions. In this chapter,                                                              
17                 (1)  "biometric data" means fingerprints, handprints, voices, iris                                      
18       images, retinal images, vein scans, hand geometry, finger geometry, or other physical                             
19       characteristics of an individual;                                                                                 
20                 (2)  "biometric information" means biometric data that is used in a                                     
21       biometric system for fingerprint recognition, hand geometry recognition, finger                                   
22       geometry recognition, voice recognition, iris scans, retinal scans, vein recognition, or                          
23       other recognition of a physical characteristic of an individual;                                                  
24                 (3)  "biometric system" means an automated system capable of                                            
25                      (A)  capturing biometric data from an individual's biometric                                       
26            information;                                                                                                 
27                      (B)  extracting and processing the biometric data captured under                                   
28            (A) of this paragraph;                                                                                       
29                      (C)  storing the biometric data extracted under (B) of this                                        
30            paragraph;                                                                                                   
31                      (D)  comparing the biometric data extracted under (B) of this                                      

01            paragraph with biometric data stored for the individual for use in future                                    
02            recognition of the individual; and                                                                           
03                      (E)  determining how well the extracted and stored biometric                                       
04            data match when compared under (D) of this paragraph, and indicating                                         
05            whether an identification or verification of identity has been achieved;                                     
06                 (4)  "collector" means a person who collects the biometric information                                  
07       of another individual;                                                                                            
08                 (5)  "contractor" means a person who contracts with a collector to store                                
09       the biometric information collected by the collector, and includes a person to whom                               
10       the contractor sells the contractor's business and transfers the biometric information;                           
11                 (6)  "finger geometry recognition" means the use of the shape and                                       
12       dimensions of one or more fingers for recognition purposes;                                                       
13                 (7)  "fingerprint recognition" means the use of the physical structure of                               
14       an individual's fingerprint for recognition purposes;                                                             
15                 (8)  "governmental entity" means a state agency, a municipality, and an                                 
16       agency of a municipality; in this paragraph, "state agency" means an agency of the                                
17       executive, judicial, or legislative branch of state government;                                                   
18                 (9)  "hand geometry recognition" means the use of the physical                                          
19       structure of an individual's hand for recognition purposes;                                                       
20                 (10)  "iris scan" means the use of an image of the physical structure of                                
21       an individual's iris for recognition purposes;                                                                    
22                 (11)  "person" has the meaning given in AS 01.10.060, and includes a                                    
23       governmental entity;                                                                                              
24                 (12)  "retinal scan" means the use of the pattern of blood vessels in an                                
25       individual's eye for recognition purposes;                                                                        
26                 (13)  "vein recognition" means the use of the veins in an individual's                                  
27       skin for recognition purposes.