Legislature(2011 - 2012)CAPITOL 106
04/10/2012 03:00 PM House HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB74 | |
| SB98 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 74 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 98 | TELECONFERENCED | |
SB 98-BIOMETRIC INFORMATION FOR ID
4:16:18 PM
CHAIR KELLER announced that the final order of business would be
CS FOR SENATE BILL NO. 98(JUD), "An Act relating to biometric
information."
4:17:35 PM
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, said that
the proposed bill would protect Alaskans right to privacy, and
would provide reasonable protections to Alaskans for the
increased use of biometric technology.
4:18:42 PM
REPRESENTATIVE DICK moved to adopt the proposed House committee
substitute (HCS) for CSSB 98, Version 27-LS066\L, Bannister,
4/9/12, as the working draft. There being no objection, Version
L was before the committee.
4:19:08 PM
SAM GOTTSTEIN, Staff, Senator Bill Wielechowski, Alaska State
Legislature, directed attention to the "Explanation of Changes
of SB 98 From Version R to Version L," [Included in members'
packets]. He referenced that the changes on page 1, line 14
through page 2, line 1, had cleaned up language under AS
18.14.010 (b) to make it clear that an individual may revoke or
amend consent if the original purpose for which the consent was
given ceases to exist. He stated that there was no substantive
change.
4:19:44 PM
MR. GOTTSTEIN explained that the change on page 2, line 10,
removed the alternative identification section of the bill to
give the legislature more time to further examine this issue and
avoid potential unintended consequences.
MR. GOTTSTEIN recounted that the changes on page 2, lines 12 and
17, removed language that would have given individuals the right
to have their biometric information destroyed with a request in
writing to maintain the efficacy of biometric verification.
4:20:36 PM
MR. GOTTSTEIN moved on to explain that page 2, line 21, removed
language banning the use of biometric information for marketing
purposes or for general surveillance to avoid being overly
restrictive and allow for more consumer choice.
4:20:57 PM
MR. GOTTSTEIN stated that page 2, line 29, changed the word
"knowingly" to "intentionally" to provide a higher standard of
proof in civil suits to help avoid frivolous lawsuits.
4:21:11 PM
MR. GOTTSTEIN shared that page 3, line 1, removed subsection (b)
from the right of action section to hold government accountable
in civil court if there were violations.
4:21:23 PM
MR. GOTTSTEIN discussed that page 3, lines 11 and 12, added
language to clarify that this legislation would not apply to
photographs. Directing attention to page 3, lines 16 and 21, he
said that these removed references to facial mapping and facial
recognition to ensure that the definition of biometric data and
information was not overly broad.
4:21:52 PM
MR. GOTTSTEIN summarized that page 3, lines 17 and 22, added
language defining a biometric to include "other physical
characteristics of an individual" and the recognition of these
characteristics in order to expand the definition of biometric
data and information so that it will maintain relevancy.
4:22:27 PM
REPRESENTATIVE SEATON asked if the biometric data would be
stored for an unlimited length of time.
MR. GOTTSTEIN, in response, said that the intent was for the
time limit to be outlined explicitly when authorization was
granted.
REPRESENTATIVE SEATON asked if it was stated in the proposed
bill that collection of the data was for a specific time frame.
MR. GOTTSTEIN, in response, directed attention to page 1, line
13, which read "...and how long the biometric information will
be kept."
4:24:11 PM
REPRESENTATIVE SEATON directed attention to page 2, line 21 -
23, and asked what this meant.
4:25:25 PM
MR. GOTTSTEIN, in response, offered his belief that AS 18.15.050
would allow a company to authorize its own security and fraud
protection plans.
REPRESENTATIVE SEATON asked to clarify that the intention was to
not authorize the collector to retain the information after it
was supposed to be disposed.
MR. GOTTSTEIN expressed his agreement.
4:26:30 PM
REPRESENTATIVE SEATON pointed to page 2, lines 2 - 5, and asked
to clarify that the information could not be shared except for
the original purpose of the collection.
MR. GOTTSTEIN expressed his agreement.
REPRESENTATIVE SEATON asked for an amendment to clarify that
this was only for the purpose of the original biometric
collection.
4:27:43 PM
MR. GOTTSTEIN directed attention to page 2, lines 6 and 7, which
clarified that "this section may only be made for the original
purpose for which the information was collected."
REPRESENTATIVE SEATON replied that this satisfied his concern.
4:28:13 PM
CHAIR KELLER, directing attention to page 3, lines 4 - 6,
proposed removal of this exemption, as it was covered in the
following paragraph.
4:29:37 PM
SENATOR WIELECHOWSKI offered his belief that the State of Alaska
had previously requested this exemption.
CHAIR KELLER offered his belief that it was already covered.
4:30:30 PM
REPRESENTATIVE KERTTULA suggested leaving it as is, as removal
would limit its use by this law, so that it would not be
authorized. In response to Chair Keller, she said that removal
of paragraph (1) could also remove the authorization.
4:32:04 PM
CHAIR KELLER agreed to delay any more discussion for the removal
until the proposed bill was addressed in the House Judiciary
Standing Committee.
REPRESENTATIVE DICK expressed his support for removal of
paragraph (1).
4:32:40 PM
CHAIR KELLER, explaining that Conceptual Amendment 1 would be
inserted on page 2, line 31, read [original punctuation
provided]:
Insert:
Sec. 18.14.070. Right of action. An individual may
bring a civil action against a person who
intentionally violates this chapter. A person who
violates this chapter is liable to the individual for
actual damages and a penalty of $5,000, except that,
if the violation resulted in profit or monetary gain
to the person, the penalty is $100,000. Penalties may
be awarded up to the amount specified.
CHAIR KELLER stated that this would leave it to the discretion
of the judge.
SENATOR WIELECHOWSKI said that he had no objection to this
conceptual amendment.
CHAIR KELLER moved to adopt Conceptual Amendment 1. There being
no objection, it was so ordered.
4:34:35 PM
REPRESENTATIVE SEATON moved to report HCS CSSB 98, Version 27-
LS066\L, Bannister, 4/9/12, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HCS CSSB 98(HSS) was reported from the
House Health and Social Services Standing Committee.