Bill Text: PA HB1752 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Providing for biometric protection and for penalties.

Spectrum: Moderate Partisan Bill (Republican 26-6)

Status: (Introduced - Dead) 2009-06-22 - Referred to INTERGOVERNMENTAL AFFAIRS [HB1752 Detail]

Download: Pennsylvania-2009-HB1752-Introduced.html

---

PRINTER'S NO. 2229
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1752 Session of2009
INTRODUCED BY ROHRER, BROOKS, CREIGHTON, CUTLER, DENLINGER, ELLIS, FAIRCHILD, GIBBONS, HENNESSEY, HESS, HUTCHINSON, KAUFFMAN, KRIEGER, MANDERINO, MELIO, METZGAR, MURPHY, MURT, MUSTIO, PETRI, QUIGLEY, RAPP, READSHAW, REICHLEY, ROAE, ROCK, STEVENSON, SWANGER, TALLMAN, J. TAYLOR, VULAKOVICH AND WHEATLEY, JUNE 22, 2009
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, JUNE 22, 2009
AN ACT
Providing for biometric protection and for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Right to Body
Data Privacy Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Biometric data." Information relating to a biological
characteristic of an individual that makes the individual unique
from any other individual.
(1) This shall include, but is not limited to, the
following:
(i) Fingerprints, palm prints and other means for
measuring or recording ridge pattern or fingertip
characteristics.
(ii) Facial feature pattern characteristics,
excluding any low resolution photographic image of a
face.
(iii) Voice data collected for comparing live speech
with a previously created speech model of an individual's
voice.
(iv) Iris recognition data containing color or
texture patterns or codes.
(v) Keystroke dynamics, measuring pressure applied
to key pads.
(vi) Hand geometry, measuring hand characteristics,
including the shape and length of fingers, in three
dimensions.
(vii) Retinal scans or reading through the pupil to
measure blood vessels lining the retina.
(viii) Deoxyribonucleic acid or ribonucleic acid.
(2) The following shall be excluded from this term:
(i) Handwritten signatures.
"Government agency." Any government entity or agent of a
government entity, including the Commonwealth or any political
subdivision as defined under 1 Pa.C.S. § 1991 (relating to
definitions).
"Low resolution photographic image of a face." A
photographic image of a face or a portion of a face with
resolution no greater than necessary for human identification
and verification. The term shall not include any photo image
with a resolution of more than 30 pixels between eye centers or
20090HB1752PN2229 - 2 -
any image with a resolution that enables the extraction of
biometric data.
Section 3. Denial of benefits.
(a) General rule.--It shall be unlawful for any government
agency to deny to any individual any right, benefit or privilege
provided by law because of the individual's refusal to disclose
the individual's biometric data.
(b) Exceptions.--
(1) The provisions of subsection (a) shall not apply
with respect to any disclosure of biometric data which is
required by:
(i) Any Federal statute finally enacted on or before
May 10, 2005.
(ii) Any State statute finally enacted on or before
the effective date of this section.
(2) The provisions of this section shall not apply to
any disclosure of biometric data:
(i) Required pursuant to arrest or indictment.
(ii) Requested by any law enforcement agency or
officer with probable cause that the individual has
committed a crime.
(c) Explanation.--A government agency that requests an
individual to disclose the individual's biometric data shall
inform the individual whether the disclosure is mandatory or
voluntary, by what statutory or other authority the data is
solicited and what uses will be made of the data.
Section 4. Remedy.
(a) Right of action.--An individual whose biometric data is
collected in violation of this act may bring an action in the
court of common pleas for enforcement of the remedies available
20090HB1752PN2229 - 3 -
under this section.
(b) Judicial relief.--If the individual prevails, the court
shall order the government agency to do all of the following:
(1) Remove the biometric data collected in violation of
this act from any database or other means of storage so that
the biometric data is not retained by the government agency.
(2) Pay the individual's reasonable attorney fees and
costs of litigation.
(3) Pay the greater of $100 per collection in violation
of this act or actual damages.
Section 5. Penalties.
(a) Summary offense.--A government agency or an employee of
a government agency who violates this act with the intent and
purpose of violating this act commits a summary offense subject
to prosecution by the Attorney General or the appropriate
district attorney and shall, upon conviction, be sentenced to
pay a fine of not more than $300 plus costs of prosecution.
(b) Civil penalty.--A government agency or an employee of a
government agency who does not promptly comply with a court
order under section 4 is subject to a civil penalty of not more
than $300 per day until the biometric data are removed.
Section 6. Effective date.
This act shall take effect in 60 days.
20090HB1752PN2229 - 4 -