CSSB 190(STA): "An Act relating to biometric information."
00 CS FOR SENATE BILL NO. 190(STA) 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 is amended to read: 04 Sec. 18.13.010. Biometric information [GENETIC TESTING]. (a) Except as 05 provided in (b) of this section, 06 (1) a person may not collect a DNA sample or other biometric 07 information from a person, perform a DNA analysis on a sample, retain a DNA 08 sample or other biometric information, retain [OR] the results of a DNA analysis, 09 or disclose the results of a DNA analysis or other biometric information unless the 10 person has first obtained the informed, willing, and written consent of the person, or 11 the person's legal guardian or authorized representative, for the collection, analysis, 12 retention, or disclosure; 13 (2) a DNA sample or other biometric information and the results of 14 a DNA analysis performed on the sample are the exclusive property of the person 15 sampled, [OR] analyzed, or from whom the biometric information was taken.
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 the collection of fingerprints when specifically provided for 12 by state statute. 13 (c) A general authorization for the release of medical records or medical 14 information may not be construed as the [INFORMED AND WRITTEN] consent 15 required by this section. The Department of Health and Social Services may by 16 regulation adopt a uniform [INFORMED AND WRITTEN] consent form to assist 17 persons in meeting the requirements of this section. A person using that uniform 18 [INFORMED AND WRITTEN] consent form is exempt from civil or criminal 19 liability for actions taken under the uniform consent form. A person may revoke or 20 amend their [INFORMED AND WRITTEN] consent at any time. 21 * Sec. 2. AS 18.13.020 is amended to read: 22 Sec. 18.13.020. Private right of action. A person may bring a civil action 23 against a person who collects a DNA sample or other biometric information from 24 the person, performs a DNA analysis on a sample, retains a DNA sample or other 25 biometric information, retains the results of a DNA analysis, or discloses the results 26 of a DNA analysis or other biometric information in violation of this chapter. In 27 addition to the actual damages suffered by the person, a person violating this chapter 28 shall be liable to the person for damages in the amount of $5,000 or, if the violation 29 resulted in profit or monetary gain to the violator, $100,000. 30 * Sec. 3. AS 18.13.030(a) is amended to read: 31 (a) A person who is not a governmental entity commits the crime of
01 unlawful DNA collection, analysis, retention, or disclosure if the person who is not a 02 governmental entity knowingly collects a DNA sample from a person, performs a 03 DNA analysis on a sample, retains a DNA sample or the results of a DNA analysis, or 04 discloses the results of a DNA analysis in violation of this chapter. 05 * Sec. 4. AS 18.13.100 is amended by adding new paragraphs to read: 06 (4) "biometric information" means information that is based on 07 fingerprints, hand geometry, voice recognition, facial recognition, iris scan, retinal 08 scan, or DNA; 09 (5) "governmental entity" means a state agency, a municipality, and an 10 agency of a municipality; in this paragraph, "state agency" means an agency of the 11 executive, judicial, or legislative branch of state government; 12 (6) "person" has the meaning given in AS 01.10.060, and includes a 13 governmental entity.