Purpose of the Bill

This bill aims to protect individual privacy by requiring places of public accommodation to obtain consent before collecting or using a person's biometric data.

Main Provisions

• Biometric Data Definition: The bill defines biometric data as any information depicting physical, biological, or behavioral traits or characteristics that can be used to identify individuals, such as facial features, fingerprints, voice, and genetic characteristics.
• Express Consent Requirement: Businesses or entities classified as places of public accommodation must receive clear, written consent from individuals before collecting, processing, storing, or using their biometric data.
• Third-Party Restrictions: These businesses must also obtain express consent before allowing third parties to handle biometric data in any form.

Significant Changes to Existing Law

• Civil Remedies and Penalties: The bill establishes that violations can result in civil penalties up to $25,000 per incident. Individuals affected or the county attorney can sue for damages, costs, and attorney fees. Courts can also grant injunctive and other equitable relief.
• Criminal Penalty: Entities that breach these requirements can be charged with a misdemeanor, adding a criminal dimension to the enforcement of biometric data privacy.

Relevant Terms

biometric data, express consent, places of public accommodation, privacy, civil remedies, penalties, misdemeanor, data protection, personal privacy.