PRINTER'S NO. 1673
No. 1220 Session of 2007
INTRODUCED BY FOLMER, KITCHEN, ROBBINS, REGOLA, FUMO, MELLOW,
ERICKSON, C. WILLIAMS, FERLO, WASHINGTON, ORIE, BOSCOLA,
LAVALLE, HUGHES AND EARLL, DECEMBER 27, 2007
REFERRED TO COMMUNICATIONS AND TECHNOLOGY, DECEMBER 27, 2007
AN ACT
1 Relating to compliance with the Federal REAL ID Act of 2005 and
2 other laws involving biometric and economic privacy.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the REAL ID and
7 Biometric and Economic Privacy Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Biometric data." Information relating to a biological
13 characteristic of an individual that makes that individual
14 unique from any other individual, including, but not limited to,
15 the following:
16 (1) Fingerprints, palm prints and other means for
17 measuring or recording ridge pattern or fingertip
1 characteristics.
2 (2) Facial feature pattern characteristics.
3 (3) Behavior characteristics of a handwritten signature,
4 such as shape, speed, pressure, pen angle or sequence.
5 (4) Voice data used for comparing live speech with a
6 previously created speech model of an individual's voice.
7 (5) Iris recognition data containing color or texture
8 patterns or codes.
9 (6) Keystroke dynamics, measuring pressure applied to
10 key pads.
11 (7) Hand geometry, measuring hand characteristics,
12 including the shape and length of fingers, in three
13 dimensions.
14 (8) Retinal scans, reading through the pupil to measure
15 blood vessels lining the retina.
16 (9) Deoxyribonucleic acid or ribonucleic acid.
17 "Economic privacy." The privacy of an individual that
18 relates to a right, privilege or reasonable expectation that
19 certain information is required by law to be held confidential
20 or is otherwise considered to be confidential to that
21 individual, including, but not limited to:
22 (1) Information included in a tax return required by law
23 to be filed with the Federal, State or a local government.
24 (2) Information on financial transactions conducted by
25 or on behalf of the individual.
26 (3) Information of investment transactions conducted by
27 or on behalf of the individual.
28 "REAL ID Act of 2005." Division B of the Emergency
29 Supplemental Appropriations Act for Defense, the Global War on
30 Terror and Tsunami Relief, 2005 (Public Law 109-13, 119 Stat.
20070S1220B1673 - 2 -
1 302).
2 Section 3. Participation in the REAL ID Act of 2005.
3 Neither the Governor nor the Department of Transportation or
4 any other Commonwealth agency shall participate in the
5 compliance of any provision of the REAL ID Act of 2005.
6 Section 4. Participation in other related laws.
7 Neither the Governor nor the Department of Transportation or
8 any other Commonwealth agency shall participate in the
9 compliance with any Federal law, regulation or policy that would
10 compromise the economic privacy or biometric data of any
11 resident of this Commonwealth.
12 Section 5. Legal challenge.
13 Either the Governor or the Attorney General may file an
14 action in a court of competent jurisdiction to challenge the
15 constitutionality or legality of the REAL ID Act of 2005.
16 Section 6. Effective date.
17 This act shall take effect in 60 days.
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