HB244 (2012) Detail

Restricting the collection of biometric data by state agencies and private entities.






AN ACT restricting the collection of biometric data by state agencies and private entities.

SPONSORS: Rep. Kurk, Hills 7; Rep. L. Jones, Straf 1

COMMITTEE: Commerce and Consumer Affairs


This bill restricts the collection of biometric data by state agencies and private entities and provides a private right of action for the misuse or unlawful collection of biometric data.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Eleven

AN ACT restricting the collection of biometric data by state agencies and private entities.

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:



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.


359-K:2 Collection of Biometric Information Prohibited.

I. No government agency or private entity shall:

(a) 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.

(b) 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.

II. The prohibition in paragraph I shall not apply to the biometric data collection practices of law enforcement agencies in effect on January 1, 2011 or to biometric data collected by the division of motor vehicles under RSA 260:10-b, II.

III. Any biometric data collected for an employee identification card shall be destroyed when the individual terminates employment with the agency or entity. No biometric data collected under this section shall be subject to a subpoena.

359-K:3 Violation; Civil Action. Any individual aggrieved by a violation of this chapter, including the loss or misuse of biometric data lawfully collected under RSA 359-K:2, 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, 2012.