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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.