00 HOUSE BILL NO. 233 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. Except as provided by 11 AS 18.14.030, a person may not require an individual to provide biometric 12 information to the person for the purpose of identifying the individual if the individual 13 provides the person with a valid current 14 (1) United States passport; or 15 (2) identification card issued by a state in the United States or by a 01 branch of the armed forces of the United States. 02 Sec. 18.14.030. Employment or contract requirement. (a) Even if an 03 individual can provide alternate identification under AS 18.14.020, a person may 04 require the individual to provide the individual's biometric information to the person 05 as a condition of being employed by the person or obtaining a contract with the person 06 if the biometric information is needed to enable the individual to carry out the duties 07 of the position or the contract. The person may retain the biometric information during 08 the employment or contract and may analyze the biometric data as necessary for the 09 employment or contract. 10 (b) Before obtaining the biometric information under (a) of this section, the 11 person shall obtain the informed and written consent of the individual. 12 (c) A person who obtains biometric information under (a) of this section may 13 not disclose or distribute the biometric information to another person without first 14 obtaining the informed and written consent of the individual to disclosure or 15 distribution. 16 Sec. 18.14.040. Uniform consent form. The Department of Health and Social 17 Services may by regulation adopt a uniform consent form to assist persons to meet the 18 requirements for the consent required by AS 18.14.010. A person who retains or 19 analyzes, or discloses or distributes to another person, biometric information, based on 20 consent that is provided in a uniform consent form that has not been revoked, is 21 exempt from civil liability under AS 18.14.060 and from criminal liability for the 22 retention, analysis, disclosure, or distribution of the biometric information. 23 Sec. 18.14.050. General authorization. A general authorization for the release 24 of medical records or medical information may not be construed to constitute the 25 informed and written consent required by AS 18.14.010. 26 Sec. 18.14.060. Private right of action. An individual may bring a civil action 27 against another person who violates AS 18.14.010, 18.14.020, or 18.14.030. Except as 28 provided by AS 18.14.040, a person who violates AS 18.14.010 is liable to the 29 individual for actual damages and a penalty of $5,000, except that, if the violation 30 resulted in profit or monetary gain to the person, the penalty is $100,000. 31 Sec. 18.14.070. Exemptions. This chapter does not apply to the collection, 01 retention, analysis, disclosure, or distribution of 02 (1) biometric information for a law enforcement purpose, including the 03 identification of perpetrators, the investigation of crimes, the identification of missing 04 or unidentified persons, or the identification of human remains; 05 (2) biometric information when authorized by state or federal law; 06 (3) facial images by the Department of Administration for drivers' 07 licenses issued under AS 28.15, for state identification cards issued under 08 AS 18.65.310, for administering AS 28.15, or for administering AS 18.65.310; or 09 (4) facial images that are not used in a biometric system. 10 Sec. 18.14.090. Definitions. In this chapter, 11 (1) "biometric data" means fingerprints, handprints, voices, facial 12 images, iris images, retinal images, vein scans, hand geometry, or finger geometry; 13 (2) "biometric information" means biometric data that is used in a 14 biometric system for fingerprint recognition, hand geometry recognition, finger 15 geometry recognition, voice recognition, facial recognition, iris scans, retinal scans, or 16 vein recognition; 17 (3) "biometric system" means an automated system capable of 18 (A) capturing biometric data from an individual's biometric 19 information; 20 (B) extracting and processing the biometric data captured under 21 (A) of this paragraph; 22 (C) storing the biometric data extracted under (B) of this 23 paragraph; 24 (D) comparing the biometric data extracted under (B) of this 25 paragraph with biometric data stored for the individual for use in future 26 recognition of the individual; and 27 (E) determining how well the extracted and stored biometric 28 data match when compared under (D) of this paragraph, and indicating 29 whether an identification or verification of identity has been achieved; 30 (4) "facial recognition" means the use of an image of the visible 31 physical structure of an individual's face for recognition purposes; 01 (5) "finger geometry recognition" means the use of the shape and 02 dimensions of one or more fingers for recognition purposes; 03 (6) "fingerprint recognition" means the use of the physical structure of 04 an individual's fingerprint for recognition purposes; 05 (7) "governmental entity" means a state agency, a municipality, and an 06 agency of a municipality; in this paragraph, "state agency" means an agency of the 07 executive, judicial, or legislative branch of state government; 08 (8) "hand geometry recognition" means the use of the physical 09 structure of an individual's hand for recognition purposes; 10 (9) "iris scan" means the use of an image of the physical structure of an 11 individual's iris for recognition purposes; 12 (10) "person" has the meaning given in AS 01.10.060, and includes a 13 governmental entity; 14 (11) "retinal scan" means the use of the pattern of blood vessels in an 15 individual's eye for recognition purposes; 16 (12) "vein recognition" means the use of the veins in an individual's 17 skin for recognition purposes.