1. Short title
This Act may be cited as the “Biometric Information Privacy Act”.
Biometric Information Privacy Act
A BILL
To protect the privacy of individuals' personal genetic information and other personal identifier information.
2. Congressional findings
Congress finds:
Personal genomics is a growing industry where there is nothing to prevent firms from passing personal genetic information to a third party.
Technology companies increasingly use biometric information in security features where there is nothing to prevent them from passing that information to a third party.
3. Definitions
The term personal physiological biometric information is defined as:
Genetic information.
Finger prints.
Palm prints.
Hand geometry.
Iris scans.
Retina scans.
Eye vein scans.
The term business entity is defined as any:
Organization.
Corporation.
Trust.
Partnership.
Sole Proprietorship.
Unincorporated association.
Venture established to make a profit.
Nonprofit.
4. General authorization
Offense— A business entity, governmental entity, or person who knowingly—
fraudulently obtains personal physiological biometric information relating to an individual; or
discloses personal physiological biometric information without permission from the individuals to which the personal physiological biometric information pertains,
Penalties— A business entity, governmental entity, or person described in subsection (a) shall—
be fined not more than $50,000, imprisoned not more than 1 year, or both;
if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and
if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than $250,000, imprisoned not more than 10 years, or both.
5. Disclosure of information to governmental entity pursuant to court order
A governmental entity may obtain personal physiological biometric information pursuant to a court order only if, in the court proceeding relevant to such court order—
such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and
the subject of the information is afforded the opportunity to appear and contest such entity's claim.
6. Enforcement
The Attorney General shall enforce violations of section 4 and section 5.
7. Effective date
The provisions of this Act shall take effect immediately upon enactment.