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;
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
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
30 (3) "biometric system" means an automated system that
31 (A) captures biometric data from an individual's biometric
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
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.