Establishes the "Biometric Information Privacy Act"
Impact
The act fundamentally alters the legal landscape governing biometric data in the state, introducing stringent requirements that private entities must follow. This will likely raise the standard of care for data protection within industries that handle biometric information. The law also allows individuals to take legal action against those who violate the provisions laid out in the bill, thus empowering consumers regarding their biometric data privacy. The bill specifically asserts that individuals can recover substantial damages for violations, adding a layer of accountability to businesses.
Summary
House Bill 407, known as the "Biometric Information Privacy Act," establishes protocols for the collection, storage, and protection of biometric data by private entities. The bill mandates that any entity in possession of biometric identifiers—such as fingerprints, voiceprints, or facial geometry—must implement strict safety measures to protect this data. Specifically, these entities are required to inform individuals about the purpose and duration for which their biometric data is being collected and must obtain consent before gathering such information.
Contention
Several points of contention arise from the implementation of HB 407. Advocates argue that the act is a necessary measure to protect individuals' privacy in an era of increasing data collection and surveillance. However, there are concerns from industry representatives about the potential burden this legislation imposes on businesses, particularly smaller entities that may struggle to comply with the new requirements. Additionally, critics highlight the potential for compliance costs to be passed down to consumers in the form of higher prices for goods and services.
Legal framework
In terms of its legal implications, HB 407 clearly delineates the parameters under which biometric data can be collected and shared. It prohibits the sale or trading of biometric information and establishes a framework that supersedes existing laws on data privacy. This may create a more focused approach to biometric data regulation; however, it could also invoke challenges in balancing consumer rights with business interests, particularly in sectors that rely heavily on biometric technology for their operations.