Texas Senate Bill SB1051

Texas 2019 - 86th Regular

Caption

Relating to the capture and retention of certain biometric identifiers by certain governmental entities.

Impact

The implementation of SB1051 is expected to change how governmental entities interact with biometric data, potentially diminishing the volume of information they capture without consent. By restricting the use of biometric identifiers, the bill aims to protect citizens from intrusive surveillance practices and unnecessary data retention. Nevertheless, the exceptions outlined in the bill allow for specific captures under circumstances deemed critical for security or law enforcement, highlighting a balance between privacy concerns and governmental authority in criminal investigations.

Summary

SB1051 proposes significant amendments to the Government Code concerning the capture and retention of biometric identifiers by governmental entities in Texas. The bill emphasizes the necessity of obtaining voluntary consent before capturing any biometric identifier, such as fingerprints or facial scans, except in specified circumstances such as law enforcement activities, medical settings, or location-based captures near international borders. By imposing these conditions, SB1051 seeks to reinforce individual privacy rights while regulating governmental access to sensitive data.

Contention

While proponents of SB1051 argue that the bill fortifies the privacy rights of individuals against government overreach, opponents may raise concerns about the implications for law enforcement efficacy. The exceptions included for capturing biometric identifiers could be seen as too broad, potentially allowing for misuse or extensive surveillance practices. There is also the question of how these regulations will align with existing laws, as the bill introduces a need for stringent safeguards and transparent processes to manage and protect biometric data effectively.