ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: Tech DPA 4-1-2-0

HB 2728: biometric identifiers; commercial purpose; consent

Sponsor:  Representative DeGrazia, LD 10

Caucus & COW

Overview

Prescribes requirements and prohibitions for the enrollment of an individual's biometric identifier for a commercial purpose.

History

Biometrics, as defined by federal law, is the method of verifying an individual's identity based on measurement of the individual's physical feature(s) or repeatable action(s) where those features and/or actions are both unique to that individual and measurable.

Provisions

Enrollment of a Biometric Identifier (Sec. 1)

1.    Prohibits a person from enrolling an individual's biometric identifier in a database for a commercial purpose, unless certain criteria are met.

2.    Requires a person to obtain consent in order to sell, lease or otherwise disclose the individual's biometric identifier to another person unless the disclosure meets certain criteria.

3.    Specifies a person who knowingly possesses an individual's biometric identifier that has been enrolled for a commercial purpose:

a)    Must take reasonable care to guard against unauthorized access to and acquisition of the biometric identifier; and

b)    May not retain the biometric identifier longer than is reasonably necessary to:

i.      Comply with a court order, statute or public records retention schedule;

ii.     Protect against fraud, criminal activity, claims, security threats or liability; and

iii.    Provide the services for which the biometric identifier was enrolled.

4.    Prohibits a person who enrolls or obtains an individual's biometric identifier from using or disclosing the identifier in a manner that is inconsistent with the terms under which the identifier was originally provided without obtaining the consent for the new terms of use.

5.    Specifies the limits on disclosure and retention of biometric identifiers do not apply to identifiers that have been unenrolled.

6.    Stipulates a person is not required to provide notice or obtain consent to capture or enroll and store a biometric identifier if the person is acting to further a security purpose.

7.    Classifies a violation of law as a consumer fraud and allows the Attorney General to investigate and take appropriate action.

8.    Exempts financial institutions and certain activities that are subject to federal law from laws governing biometric identifiers.

9.    Specifies the laws governing biometric identifiers do not expand or limit a law enforcement officer's authority.

10.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDefines biometric identifier, biometric system, capture, commercial purpose, enroll and security purpose.

Amendments

Committee on Technology

1.    Modifies the definition of commercial purpose.

2.    Exempts an individual's biometric identifier from laws governing biometric identifiers if a person that possesses the individual's identifier has implemented certain controls to prevent the person or a 3rd party to whom the person discloses the individual's identifier from using the identifier for purposes of identifying a specific identifier.

3.    Makes clarifying changes.

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7.    Initials PRB                       Caucus & COW

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