THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

SENATOR FOLMER, COMMUNICATIONS AND TECHNOLOGY, AS AMENDED, JUNE 15, 2011   

AN ACT

Providing for biometric protection and for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Right to Body

Data Privacy Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Biometric data."  Information relating to a biological

characteristic of an individual that makes that individual

unique from any other individual, including the following:

(1)  Fingerprints, palm prints and other means for

measuring or recording ridge pattern or fingertip

characteristics.

(2)  Facial feature pattern characteristics, excluding

any low resolution photographic image of a face.

(3)  Voice data collected for comparing live speech with

a previously created speech model of an individual's voice.

(4)  Iris recognition data containing color or texture

patterns or codes.

(5)  Keystroke dynamics, measuring pressure applied to

key pads.

(6)  Hand geometry, measuring hand characteristics,

including the shape and length of fingers, in three

dimensions.

(7)  Retinal scans or reading through the pupil to

measure blood vessels lining the retina.

(8)  Deoxyribonucleic acid or ribonucleic acid.

"Government agency."  Any government entity or agent of a

government entity, including the Commonwealth or any political

subdivision as defined under 1 Pa.C.S. § 1991 (relating to

definitions).

"Low resolution photographic image of a face."  A

photographic image of a face or a portion of a face with

resolution no greater than necessary for human identification

and verification, including photo images with a resolution that

enables the extraction of biometric data.

Section 3.  Denial of benefits.

(a)  General rule.--It shall be unlawful for any government

agency to deny to any individual any right, benefit or privilege

provided by law because of the individual's refusal to disclose

the individual's biometric data.

(b)  Exceptions.--

(1)  Except as provided under paragraph (2), the

provisions of subsection (a) shall not apply to any

disclosure of biometric data which is required by any of the

following:

(i)  Any Federal statute finally enacted on or before

May 10, 2005.

(ii)  Any State statute finally enacted on or before

the effective date of this section.

(2)  The provisions of paragraph (1) shall not apply to

any disclosure of biometric data:

(i)  Required pursuant to arrest or indictment.

(ii)  Requested by any law enforcement agency or

officer with probable cause that the individual has

committed a crime.

(c)  Explanation.--Any government agency which requests an

individual to disclose the individual's biometric data shall

inform that individual whether the disclosure is mandatory or

voluntary, by what statutory or other authority the data is

solicited and what uses will be made of the data.

Section 4.  Remedy.

Any individual whose biometric data is collected in violation

of this act may bring an action in the court of common pleas for

enforcement of the remedies available under this section. If the

individual prevails, the court shall order the government agency

to do all of the following:

(1)  Remove the biometric data collected in violation of

this act from any database or other means of storage so that

the biometric data is not retained by the government agency.

(2)  Pay the individual's reasonable attorney fees and

costs of litigation.

(3)  Pay the greater of $100 per collection in violation

of this act or actual damages.

Section 5.  Penalties.

(a)  Summary offense.--A government agency or an employee of

a government agency who violates this act with the intent and

purpose of violating this act commits a summary offense subject

to prosecution by the Attorney General or the appropriate

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district attorney and shall, upon conviction, be sentenced to

pay a fine of not more than $300 plus costs of prosecution.

(b)  Civil penalty.--A government agency or an employee of a

government agency who does not promptly comply with a court

order under section 4 is subject to a civil penalty of not more

than $300 per day until the biometric data are removed.

Section 20.  Effective date.

This act shall take effect in 60 days.