Bill > S43

This bill introduces a comprehensive Biometric Information Privacy Act to protect individuals' biometric data, which includes unique physical characteristics like fingerprints, facial scans, and voice prints. The legislation requires private entities to obtain written consent before collecting biometric information, clearly inform individuals about the purpose and duration of data collection, and prohibit selling or trading such personal data. Private entities must develop a written policy detailing how and when biometric data will be destroyed, with a maximum retention period of one year after an individual's last interaction. The bill mandates that biometric identifiers be stored and protected with the same level of care as other confidential information, and it provides legal recourse for individuals, allowing them to sue for damages of at least $5,000 per violation or actual damages suffered, with potential additional penalties for willful misconduct. Commercial establishments are specifically prohibited from using biometric identifiers to identify customers. The legislation also includes exemptions for certain contexts like medical testing and organ donation, and ensures that the law does not interfere with existing healthcare privacy regulations or legal proceedings. Importantly, the bill gives the attorney general the authority to pursue actions against violations, providing an additional layer of enforcement.

Budget and Finance, Business and Industry

https://malegislature.gov/Bills/194/S43