HB350 – Biometric Privacy

Now this bill is interesting. And relevant given recent events with Facebook being hacked by the Trump campaign and Russia during their treasonous conspiracy to steal an election.  Rep. Trey Paradee (D) has introduced a bill called the Biometric Privacy Protection Act and the Geolocation Privacy Protection Act.

This bill will grant Delaware citizens protections with respect to the protection, storage, use and/or disclosure of your biometric data.  What is your biometric data?  Your fingerprints, voice recordings, retail and facial scans, your blood and DNA samples.  Anything biological that can identify you.  Also included is any recording or your physical location, provided by geolocation programs in your phone or fitbit or watch as well that can also collect your biometric information.

Currently under Delaware law, biometric information can be collected without an individual’s knowledge or consent, and a person capturing or collecting biometric information is not required to identify what biometric information is being collected, why it’s being collected, or how long it will be kept. Delaware law also contains no protections for individuals to prevent their biometric information from being sold or transferred to third parties.  While the use of biometrics offers great promise for improving the lives of Delaware’s citizens in a variety of ways, the sensitivity and importance of biometric information requires that there be protections for Delawareans with regard to the collection and use of their biometric information.

The protections to be provided include: (1) Requires persons in possession of biometric data to develop and make publicly available written retention schedules and guidelines for keeping biometric information; (2) Requires persons to provide timely, reasonable notice and obtain informed, affirmative consent before acquiring, collecting, storing, or capturing biometric data; (3) Prohibits persons from selling or profiting from an individual’s biometric data; (4) Prohibits persons from disclosing or disseminating an individual’s biometric data except under specified circumstances, which include an individual’s informed, affirmative consent to the disclosure; and (5) Requires persons in possession of biometric data to implement and maintain reasonable procedures and practices to protect the biometric data and prevent its unauthorized disclosure.

Regarding geolocation information, the protections provided are: (1) Tells the individual that the individual’s geolocation information is being collected, used, stored, or disclosed; (2) Informs the individual of the specific purposes for which the geolocation information is being collected, used, stored, or disclosed; (3) Informs the individual of the identity of any third parties to whom the geolocation information is being disclosed; and (4) Provides the individual with a hyperlink or other easy access to the geolocation information collected, used, stored, or disclosed.

HB350 – BIOMETRIC DATA
SPONSORS – Paradee, Sokola, Hansen, Henry, Lavelle, Hudson, Q.Johnson, Keeley
YES –
NO –
ABSENT –
NOT VOTING –
HISTORY – House Economic Development/Banking/Insurance/Commerce 3/20/18
STATUS – Waiting on a hearing in committee