HB1417 (2020) Detail

Prohibiting the use or collection of biometric data.


HB 1417 - AS AMENDED BY THE HOUSE

 

11Mar2020... 0989h

2020 SESSION

20-2255

11/08

 

HOUSE BILL 1417

 

AN ACT prohibiting the use or collection of biometric data.

 

SPONSORS: Rep. Thompson, Ches. 14; Rep. Abramson, Rock. 20; Rep. Buchanan, Merr. 15; Rep. Schapiro, Ches. 16; Rep. Conley, Straf. 13; Rep. French, Graf. 14; Rep. Oxenham, Sull. 1

 

COMMITTEE: Commerce and Consumer Affairs

 

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AMENDED ANALYSIS

 

This bill expands the prohibition against collecting biometric data to private entities.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0989h 20-2255

11/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT prohibiting the use or collection of biometric data.

 

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

 

1  Regulation of Biometric Information; Definitions.  Amend RSA 359-N:1 to read as follows:

359-N:1  Definitions.  In this chapter:

I.(a)  "Biometric data" includes, but is not limited to, the following:

[(a)] (1)  Fingerprints, palm prints, and other methods for measuring or recording ridge pattern or fingertip characteristics.

[(b)] (2)  Facial feature pattern characteristics.

[(c)] (3)  Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence.

[(d)] (4)  Voice data used for comparing live speech with a previously-created speech model of a person's voice.

[(e)] (5)  Iris recognition data containing color or texture patterns or codes.

[(f)] (6)  Keystroke dynamics, measuring pressure applied to key pads.

[(g)] (7)  Hand geometry, measuring hand characteristics, including the shape and length of fingers, in 3 dimensions.

[(h)] (8) Retinal scans, reading through the pupil to measure blood vessels lining the retina.

[(i)] (9)  DNA/RNA or representations thereof.

(b)  Biometric data does not include the following:

(1)  Surveillance footage used for security purposes, if such footage is not used to identify, collect, or use biometric data.

(2)  Data collected or used by a health care provider, as defined in RSA 141-C:2, pursuant to the Health Insurance Portability and Accountability Act, and implementing regulations, if the collection or use complies with such law and regulations.

(3)  Data collected or used pursuant to the Gramm-Leach-Bliley Act, and implementing regulations, if the collection or use complies with such law and regulations.

II.  "Consent" means a clear affirmative act taken after receiving explicit notice that biometric data will be collected and signifying a freely given, specific, informed, and unambiguous indication of a consumer's agreement to the collection, use, or retention of personal data relating to the consumer, such as by a written statement, including by electronic means.

[II.] III. "Government agency" includes any employee, agent, elected official or entity of the state, a municipality, or any other political subdivision of the state of New Hampshire.

IV.  "Private entity" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization.

2  Collection of Biometric Data Prohibited.  Amend RSA 359-N:2, III to read as follows:

III.  No private entity shall 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 private entity, unless the good, service, or activity provided by the private entity cannot be provided without the collection of biometric information from an individual.  A private entity shall not collect, use, or retain the biometric information of an individual without the individual's consent and shall not condition access to its good, service, or activity on the provision of biometric data.

[III.] IV.  Nothing in paragraphs [I and II] I-III shall prohibit the disclosure, collection, or retention of biometric data from applicants for and persons employed in positions with state, county, or local public safety agencies or private entities as part of the employment screening process, or for obtaining required security clearances, or in connection with investigations of internal misconduct or crimes and offenses as long as the biometric data is used solely for such purposes.

3  Regulation of Biometric Information; Violation; Civil Action.  Amend RSA 359-N:4 to read as follows:

359-N:4  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-N:2 or 359-N:3, may bring a civil action against a government agency or private entity under this section to obtain the following:

I.  An injunction of the agency or private entity practice;

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

III.  Reasonable attorney's fees and court costs.

4  Effective Date.  This act shall take effect January 1, 2021.

Links

HB1417 at GenCourtMobile
HB1417 Discussion

Action Dates

Date Body Type
Jan. 29, 2020 House Hearing
March 3, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1417 Revision: 8349 Date: March 12, 2020, 2:51 p.m.
HB1417 Revision: 7065 Date: Dec. 3, 2019, 8:51 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Commerce and Consumer Affairs HJ 1 P. 21
Jan. 29, 2020 Public Hearing: 01/29/2020 01:00 pm LOB 302
Feb. 14, 2020 Subcommittee Work Session: 02/14/2020 01:00 pm LOB 302
March 3, 2020 Executive Session: 03/03/2020 10:30 am LOB 302
Committee Report: Ought to Pass with Amendment # 2020-0989h (Vote 11-9; RC)
March 11, 2020 Committee Report: Ought to Pass with Amendment # 2020-0989h for 03/11/2020 (Vote 11-9; RC) HC 10 P. 37
March 11, 2020 Amendment # 2020-0989h: AA VV 03/11/2020
March 11, 2020 Ought to Pass with Amendment 2020-0989h: MA VV 03/11/2020
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8