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.