HB1409 (2010) Detail

Banning biometrics for state or privately issued identification cards and as a condition of doing business.


HB 1409 – AS INTRODUCED

2010 SESSION

10-2578

05/03

HOUSE BILL 1409

AN ACT banning biometrics for state or privately issued identification cards and as a condition of doing business.

SPONSORS: Rep. Kurk, Hills 7; Rep. Itse, Rock 9

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill bans biometrics for state or privately issued identification cards and as a condition of doing business.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2578

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT banning biometrics for state or privately issued identification cards and as a condition of doing business.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Regulation of Biometric Information. Amend RSA by inserting after chapter 359-J the following new chapter:

CHAPTER 359-K

REGULATION OF BIOMETRIC INFORMATION

359-K:1 Definition of Biometric Data. In this chapter, “biometric data’’ means any of the following:

I. Fingerprints, palm prints, and other methods for measuring or recording ridge pattern or fingertip characteristics.

II. Facial feature pattern characteristics.

III. Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence.

IV. Voice data used for comparing live speech with a previously-created speech model of a person’s voice.

V. Iris recognition data containing color or texture patterns or codes.

VI. Keystroke dynamics, measuring pressure applied to key pads.

VII. Hand geometry, measuring hand characteristics, including the shape and length of fingers, in 3 dimensions.

VIII. Retinal scans, reading through the pupil to measure blood vessels lining the retina.

IX. DNA/RNA.

359-K:2 Collection of Biometric Information Prohibited. Except as otherwise provided in RSA 260:10-b, II, no government agency or private entity shall:

I. Issue an identification card, other than an employee identification card, or use an identification device or system, that requires the collection or retention of an individual’s biometric data.

II. Require an individual to disclose or provide biometric data as a condition of doing business with, engaging in any business activity or relationship with, or obtaining services from, that agency or entity.

359-K:3 Violation; Civil Action. Any individual aggrieved by a violation of this chapter may bring a civil action under this section to obtain the following:

I. An injunction of the agency or entity’s practice.

II. Actual damages or $2,500 for each violation, whichever is greater.

III. Reasonable attorney’s fees and court costs.

2 Effective Date. This act shall take effect January 1, 2011.

Links

HB1409 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1409 Revision: 15668 Date: Dec. 10, 2009, midnight

Docket