SB 190: "An Act relating to biometric information."
00 SENATE BILL NO. 190 01 "An Act relating to biometric information." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 18.13.010(a) is amended to read: 04 (a) Except as provided in (b) of this section, 05 (1) a person may not collect a DNA sample or other biometric 06 information from a person, perform a DNA analysis on a sample, retain a DNA 07 sample or other biometric information, retain [OR] the results of a DNA analysis, 08 or disclose the results of a DNA analysis or other biometric information unless the 09 person has first obtained the informed and written consent of the person, or the 10 person's legal guardian or authorized representative, for the collection, analysis, 11 retention, or disclosure; 12 (2) a DNA sample or other biometric information and the results of 13 a DNA analysis performed on the sample are the exclusive property of the person 14 sampled, [OR] analyzed, or from whom the biometric information was taken. 15 * Sec. 2. AS 18.13.010(b) is amended to read:
01 (b) The prohibitions of (a) of this section do not apply to DNA samples 02 collected, other biometric information collected, and DNA analyses conducted 03 (1) under AS 44.41.035 or comparable provisions of another 04 jurisdiction; 05 (2) for a law enforcement purpose, including the identification of 06 perpetrators and the investigation of crimes and the identification of missing or 07 unidentified persons or deceased individuals; 08 (3) for determining paternity; 09 (4) to screen newborns as required by state or federal law; 10 (5) for the purpose of emergency medical treatment; or 11 (6) for background checks as permitted or required by state 12 statute or by federal statute or regulation. 13 * Sec. 3. AS 18.13.020 is amended to read: 14 Sec. 18.13.020. Private right of action. A person may bring a civil action 15 against a person who collects a DNA sample or other biometric information from 16 the person, performs a DNA analysis on a sample, retains a DNA sample or other 17 biometric information, retains the results of a DNA analysis, or discloses the results 18 of a DNA analysis or other biometric information in violation of this chapter. In 19 addition to the actual damages suffered by the person, a person violating this chapter 20 shall be liable to the person for damages in the amount of $5,000 or, if the violation 21 resulted in profit or monetary gain to the violator, $100,000. 22 * Sec. 4. AS 18.13.030(a) is amended to read: 23 (a) A person who is not a governmental entity commits the crime of 24 unlawful biometric information [DNA] collection, analysis, retention, or disclosure 25 if the person who is not a governmental entity knowingly collects a DNA sample or 26 other biometric information from a person, performs a DNA analysis on a sample, 27 retains a DNA sample or other biometric information, retains the results of a DNA 28 analysis, or discloses the results of a DNA analysis or other biometric information 29 in violation of this chapter. 30 * Sec. 5. AS 18.13.030(c) is amended to read: 31 (c) Unlawful biometric information [DNA] collection, analysis, retention, or
01 disclosure is a class A misdemeanor. 02 * Sec. 6. AS 18.13.100 is amended by adding new paragraphs to read: 03 (3) "biometric information" means information that is based on an 04 individual's unique behavioral or physiological characteristics, including fingerprints, 05 hand geometry, voice recognition, facial recognition, iris scan, retinal scan, and DNA; 06 (4) "governmental entity" means a state agency, a municipality, and an 07 agency of a municipality; in this paragraph, "state agency" means an agency of the 08 executive, judicial, or legislative branch of state government; 09 (5) "person" has the meaning given in AS 01.10.060, and includes a 10 governmental entity.