Texas Senate Bill SB485

Texas 2019 - 86th Regular

Caption

Relating to the capture of a biometric identifier by a governmental entity; providing civil penalties.

Impact

The implementation of SB485 is likely to significantly affect laws governing personal data privacy in Texas. By requiring consent for the collection of biometric data and establishing clear limitations on its usage, the bill seeks to protect citizens from unauthorized surveillance and potential abuse of technology by governmental bodies. This aligns with growing concerns regarding privacy and the ethical implications of biometric data storage and usage, particularly in law enforcement contexts.

Summary

SB485 aims to regulate the capture of biometric identifiers by governmental entities, facilitating stronger protections for individual privacy. The bill defines a biometric identifier as various forms of personally identifiable information such as fingerprints, voiceprints, and facial geometry. It specifies that a governmental entity must obtain voluntary consent from an individual before capturing their biometric data. Exceptions to this rule include instances involving criminal investigations or emergencies, particularly close to international borders.

Contention

Debate surrounding SB485 likely touches on the balance between security and individual privacy rights. Some advocates express concerns that limiting the collection of biometric identifiers may hinder law enforcement efforts, particularly in border security and crime prevention. In contrast, privacy advocates argue that the bill is a necessary step toward protecting personal freedoms against increasing state encroachment through technology. The civil penalties established in the bill for violations also raise questions about enforcement and the potential for misuse of power, emphasizing the need for clear oversight mechanisms.