Revision: Dec. 3, 2019, 8:51 a.m.
HB 1417 - AS INTRODUCED
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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ANALYSIS
This bill expands the prohibition against collecting biometric data to private entities and individuals.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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; Collection of Biometric Data Prohibited. Amend the introductory paragraph of RSA 359-N:2, I to read as follows:
I. No government agency, private entity, or individual shall:
2 Regulation of Biometric Information; Collection of Biometric Data Prohibited. Amend RSA 359-N:2, I(b) to read as follows:
(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, private entity, or individual.
3 Regulation of Biometric Information; Collection of Biometric Data Prohibited. Amend RSA 359-N:2, II to read as follows:
II. Any biometric data collected for an employee, vendor, or contractor identification or access card shall be destroyed when the individual terminates his or her relationship with the agency, private entity, or individual. No biometric data collected under this section shall be subject to a subpoena.
4 Regulation of Biometric Information; Exemptions. Amend RSA 359-N:3 to read as follows:
359-N:3 Exemptions. The prohibition in RSA 359-N:2 shall not apply to governmental biometric data collection practices implemented pursuant to federal law at ports of entry or pursuant to statute or practice prior to the effective date of this section, provided that [the] government [agency] agencies shall not subsequently expand or modify the type of data collected or the purpose for which it is collected without legislative approval. Legislative approval shall not be required for an airport to expand or modify its biometric collection and use practices if identified in the airport's federally-mandated airport security program and approved by the U.S. Transportation Security Administration. Nothing in this chapter shall limit the collection of biometric evidence by law enforcement agencies at crime scenes or its examination and analysis by forensic laboratories. The admissibility at trials of biometric evidence and expert opinion based on such evidence shall be determined by the presiding judge within the parameters and limits specified in the rules of evidence.
5 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, private entity, or other individual under this section to obtain the following:
I. An injunction of the agency, entity, or individual practice;
II. Actual damages or $2,500 for each violation, whichever is greater; and
III. Reasonable attorney's fees and court costs.
6 Effective Date. This act shall take effect 60 days after its passage.