Biometrics

Attempts to define biometric information, and prohibits the commonwealth's compliance to any provision of federal law compromising the economic privacy or biometric data of any state resident. This includes the "REAL ID Act of 2005."

The prospects for passage are uncertain until the bill goes to hearing in June. However, staff did report receiving a number of letters opposing the legislation.

New Jersey HB1373 & SB376, the "Biometric Identifier Privacy Act."

This legislation would establish regulations prohibiting the sale, lease or disclosure of identifying information obtained from a biometric scan, without the consent of the individual. It also would require individuals or entities that posses' biometric identifying information to store, transmit and protect it with reasonable care; and establish civil penalties and liabilities for failure to comply with the provisions of the legislation.

The bill is unlikely to pass, but is expected to be reintroduced in during the next legislative session. The New Jersey Legislature is currently out of session and will not reconvene until after November elections.

Illinois HB1559 & SB1702, the "Student Biometric Info Act."

This legislation would require a school district that uses biometric identifying information to obtain permission from a student's parent or guardian. It would also prohibit the sale, lease or disclosure of identifying information obtained from a biometric scan, without the consent of the individual/guardian. Legislative staff worked closely with several school districts and the American Civil Liberties Union (ACLU) drafting the legislation.

The bill passed both chambers and was sent to the Governor on June 20, 2007. The Governor has 60 days to sign it or it automatically becomes law.

Georgia HB276, the "Biometric Information Protection Act."

This legislation would require any person/entity that collects, stores, or shares biometric information to obtain written consent from the individual. The bill would also require the collector of biometric information to store the information securely.

The legislation has yet to be considered by the House Judiciary Committee. The bill is expected to be considered when the legislature reconvenes in January of 2008.