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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY KITCHEN, FOLMER, WOZNIAK, ERICKSON, KASUNIC, D. WHITE, LEACH, ALLOWAY, BOSCOLA, EARLL, PIPPY, WILLIAMS, M. WHITE, STACK, FONTANA, ORIE, COSTA, WAUGH, FARNESE AND FERLO, FEBRUARY 1, 2011 |
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| REFERRED TO COMMUNICATIONS AND TECHNOLOGY, FEBRUARY 1, 2011 |
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| AN ACT |
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1 | Providing for biometric protection and for penalties. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Right to Body |
6 | Data Privacy Act. |
7 | Section 2. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Biometric data." Information relating to a biological |
12 | characteristic of an individual that makes that individual |
13 | unique from any other individual, including the following: |
14 | (1) Fingerprints, palm prints and other means for |
15 | measuring or recording ridge pattern or fingertip |
16 | characteristics. |
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1 | (2) Facial feature pattern characteristics, excluding |
2 | any low resolution photographic image of a face. |
3 | (3) Voice data collected for comparing live speech with |
4 | a previously created speech model of an individual's voice. |
5 | (4) Iris recognition data containing color or texture |
6 | patterns or codes. |
7 | (5) Keystroke dynamics, measuring pressure applied to |
8 | key pads. |
9 | (6) Hand geometry, measuring hand characteristics, |
10 | including the shape and length of fingers, in three |
11 | dimensions. |
12 | (7) Retinal scans or reading through the pupil to |
13 | measure blood vessels lining the retina. |
14 | (8) Deoxyribonucleic acid or ribonucleic acid. |
15 | "Government agency." Any government entity or agent of a |
16 | government entity, including the Commonwealth or any political |
17 | subdivision as defined under 1 Pa.C.S. § 1991 (relating to |
18 | definitions). |
19 | "Low resolution photographic image of a face." A |
20 | photographic image of a face or a portion of a face with |
21 | resolution no greater than necessary for human identification |
22 | and verification, including photo images with a resolution that |
23 | enables the extraction of biometric data. |
24 | Section 3. Denial of benefits. |
25 | (a) General rule.--It shall be unlawful for any government |
26 | agency to deny to any individual any right, benefit or privilege |
27 | provided by law because of the individual's refusal to disclose |
28 | the individual's biometric data. |
29 | (b) Exceptions.-- |
30 | (1) Except as provided under paragraph (2), the |
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1 | provisions of subsection (a) shall not apply to any |
2 | disclosure of biometric data which is required by any of the |
3 | following: |
4 | (i) Any Federal statute finally enacted on or before |
5 | May 10, 2005. |
6 | (ii) Any State statute finally enacted on or before |
7 | the effective date of this section. |
8 | (2) The provisions of paragraph (1) shall not apply to |
9 | any disclosure of biometric data: |
10 | (i) Required pursuant to arrest or indictment. |
11 | (ii) Requested by any law enforcement agency or |
12 | officer with probable cause that the individual has |
13 | committed a crime. |
14 | (c) Explanation.--Any government agency which requests an |
15 | individual to disclose the individual's biometric data shall |
16 | inform that individual whether the disclosure is mandatory or |
17 | voluntary, by what statutory or other authority the data is |
18 | solicited and what uses will be made of the data. |
19 | Section 4. Remedy. |
20 | Any individual whose biometric data is collected in violation |
21 | of this act may bring an action in the court of common pleas for |
22 | enforcement of the remedies available under this section. If the |
23 | individual prevails, the court shall order the government agency |
24 | to do all of the following: |
25 | (1) Remove the biometric data collected in violation of |
26 | this act from any database or other means of storage so that |
27 | the biometric data is not retained by the government agency. |
28 | (2) Pay the individual's reasonable attorney fees and |
29 | costs of litigation. |
30 | (3) Pay the greater of $100 per collection in violation |
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1 | of this act or actual damages. |
2 | Section 5. Penalties. |
3 | (a) Summary offense.--A government agency or an employee of |
4 | a government agency who violates this act with the intent and |
5 | purpose of violating this act commits a summary offense subject |
6 | to prosecution by the Attorney General or the appropriate |
7 | district attorney and shall, upon conviction, be sentenced to |
8 | pay a fine of not more than $300 plus costs of prosecution. |
9 | (b) Civil penalty.--A government agency or an employee of a |
10 | government agency who does not promptly comply with a court |
11 | order under section 4 is subject to a civil penalty of not more |
12 | than $300 per day until the biometric data are removed. |
13 | Section 20. Effective date. |
14 | This act shall take effect in 60 days. |
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