Tennessee House Bill HB0932

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/23
• Refer: 2/2/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 47; Title 50 and Title 61, relative to biometric data.

Impact

The implementation of HB 0932 brings significant changes to the handling of biometric information, which is increasingly important in the age of digital data. It recognizes the privacy concerns associated with the collection of sensitive biometric data. By enforcing rules around written consent and the proper storage of such data, the bill aims to enhance consumer protection, bringing Tennessee laws more in line with other jurisdictions that have already enacted similar legislation. The bill also provides individuals with the right to pursue legal action against entities that violate its provisions, which could lead to increased accountability among businesses.

Summary

House Bill 0932, known as the Consumer Biometric Data Protection Act, aims to establish comprehensive regulations concerning the collection, use, and protection of biometric data in Tennessee. This bill defines 'biometric identifiers' as automatic measurements of individual biological characteristics, such as fingerprints and facial recognition. The legislation mandates that any private entity wishing to collect biometric data must first inform the individual and obtain written authorization. Furthermore, it outlines strict conditions under which biometric data may be disclosed or sold, emphasizing the need for consent from the individual in question.

Contention

While supporters of HB 0932 argue that it is essential for safeguarding personal privacy in an era where biometric data usage is becoming widespread, there are concerns from certain stakeholders about the potential burdens this regulation could impose on businesses. Critics have pointed out that complying with the strict requirements for data collection and management can lead to increased operational costs, particularly for small businesses. The enforcement provisions, including the potential for significant damages and legal actions, are also points of contention, raising concerns about overregulation.