Texas Senate Bill SB1001

Texas 2021 - 87th Regular

Caption

Relating to the capture and retention of biometric identifiers by governmental entities; providing civil penalties.

Impact

The bill amends the Government Code to include provisions that mandate governmental entities to only capture and retain biometric identifiers under specific circumstances. For instance, it allows biometric data to be captured without consent if it is part of an arrest process or other legal investigations. Additionally, if a biometric identifier is collected during investigations and the charges are either dismissed or result in acquittal, the bill requires that these records be destroyed to protect individuals’ rights and privacy, thereby impacting state laws regarding privacy and governmental authority in personal data matters.

Summary

Senate Bill 1001 aims to regulate the capture and retention of biometric identifiers by governmental entities. It seeks to establish strict guidelines regarding how biometric data—such as fingerprints, facial recognition data, and other biometric identifiers—may be collected, used, and stored by government bodies. The bill incorporates a requirement for governmental entities to obtain voluntary consent from individuals before capturing their biometric identifiers, enhancing personal privacy protections and supporting individual rights to consent in matters of personal data collection.

Contention

While SB1001 is designed to enhance privacy rights significantly, it has been met with mixed reactions. Proponents argue that it provides necessary protections against potential overreach by government authorities in biometrics collection, reflecting increasing public concern over privacy in the digital age. However, critics express concerns that the regulations may hinder law enforcement's ability to effectively utilize biometric data in criminal investigations. The tensions between privacy rights and public safety needs create notable points of contention that lawmakers need to address as the bill progresses.