CSSB 98(STA): "An Act relating to biometric information."
00 CS FOR SENATE BILL NO. 98(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 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. A person may not require an 11 individual to provide biometric data to the person for the purpose of identifying the 12 individual if the individual provides the person with a valid current 13 (1) United States passport; or 14 (2) identification card issued by a state in the United States or by a 15 branch of the armed forces of the United States.
01 Sec. 18.14.030. Uniform consent form. The Department of Health and Social 02 Services may by regulation adopt a uniform consent form to assist persons to meet the 03 requirements for the consent required by AS 18.14.010. A person who retains or 04 analyzes, or discloses or distributes to another person, biometric information, based on 05 consent that is provided in a uniform consent form that has not been revoked, is 06 exempt from civil liability under AS 18.14.060 and from criminal liability for the 07 retention, analysis, disclosure, or distribution of the biometric information. 08 Sec. 18.14.040. General authorization. A general authorization for the release 09 of medical records or medical information may not be construed to constitute the 10 informed and written consent required by AS 18.14.010. 11 Sec. 18.14.050. Private right of action. An individual may bring a civil action 12 against another person who violates AS 18.14.010 or 18.14.020. Except as provided 13 by AS 18.14.030, a person who violates AS 18.14.010 is liable to the individual for 14 actual damages and a penalty of $5,000, except that, if the violation resulted in profit 15 or monetary gain to the person, the penalty is $100,000. 16 Sec. 18.14.060. Exemptions. This chapter does not apply to the collection, 17 retention, analysis, disclosure, or distribution of 18 (1) biometric information for a law enforcement purpose, including the 19 identification of perpetrators, the investigation of crimes, the identification of missing 20 or unidentified persons, or the identification of human remains; 21 (2) biometric information when authorized by state or federal law; 22 (3) facial images by the Department of Administration for drivers' 23 licenses issued under AS 28.15, for state identification cards issued under 24 AS 18.65.310, for administering AS 28.15, or for administering AS 18.65.310; or 25 (4) facial images that are not used in a biometric system. 26 Sec. 18.14.090. Definitions. In this chapter, 27 (1) "biometric data" means fingerprints, handprints, voices, facial 28 images, iris images, retinal images, vein scans, hand geometry, or finger geometry; 29 (2) "biometric information" means biometric data that is used in a 30 biometric system for fingerprint recognition, hand geometry recognition, finger 31 geometry recognition, voice recognition, facial recognition, iris scans, retinal scans, or
01 vein recognition; 02 (3) "biometric system" means an automated system capable of 03 (A) capturing biometric data from an individual's biometric 04 information; 05 (B) extracting and processing the biometric data captured under 06 (A) of this paragraph; 07 (C) storing the biometric data extracted under (B) of this 08 paragraph; 09 (D) comparing the biometric data extracted under (B) of this 10 paragraph with biometric data stored for the individual for use in future 11 recognition of the individual; and 12 (E) determining how well the extracted and stored biometric 13 data match when compared under (D) of this paragraph, and indicating 14 whether an identification or verification of identity has been achieved; 15 (4) "facial recognition" means the use of an image of the visible 16 physical structure of an individual's face for recognition purposes; 17 (5) "finger geometry recognition" means the use of the shape and 18 dimensions of one or more fingers for recognition purposes; 19 (6) "fingerprint recognition" means the use of the physical structure of 20 an individual's fingerprint for recognition purposes; 21 (7) "governmental entity" means a state agency, a municipality, and an 22 agency of a municipality; in this paragraph, "state agency" means an agency of the 23 executive, judicial, or legislative branch of state government; 24 (8) "hand geometry recognition" means the use of the physical 25 structure of an individual's hand for recognition purposes; 26 (9) "iris scan" means the use of an image of the physical structure of an 27 individual's iris for recognition purposes; 28 (10) "person" has the meaning given in AS 01.10.060, and includes a 29 governmental entity; 30 (11) "retinal scan" means the use of the pattern of blood vessels in an 31 individual's eye for recognition purposes;
01 (12) "vein recognition" means the use of the veins in an individual's 02 skin for recognition purposes.