Another US state mulls consumer right to sue with biometric data privacy legislation

Biometric consent legislation is being considered by lawmakers in the rural U.S. state of Maine.

A pair of bills, neither of which will be voted up or down until next year, would give state residents more ownership of personal data, including biometric identifiers.

Both would fall under the state’s Unfair Trade Practices Act. Legislators in both state houses would have to consolidate their bills before sending it to the governor for signing.

One of them, LD 1705, would require express, written consent of a person before their biometrics could be collected.

That and a private right of action are the primary issues pulling companies into court in the state of Illinois under its landmark Biometric Information Privacy Act. The state of Texas does not allow citizens to sue for damages. They have to petition the government to do it. Pennsylvania is considering following Texas’ approach.

Those organizations that do collect the data would have to create retention and permanent-destruction schedules for the public. They would have to tell people the identifiers that they store and use, and destroy the data if requested.

Businesses operating in Maine could not charge an added fee or otherwise penalize consumers who do not agree to share their data.

Also, the bill would not allow the data collector to in any way transfer the data to another organization without permission. Nor would businesses be allowed to sell or lease the biometrics.

LD 1977 has much in common with the previous bill, although it is a more detailed and far-reaching document.

It also would regulate the collecting, managing, safekeeping and transfer of biometric identifiers (including requiring consent), but it singles out policies for personal data in targeted advertising and minors’ data.

As with LD 1705, penalizing someone who refuses to consent would be illegal.

Article Topics

biometric data  |  biometric identifiers  |  biometrics  |  data protection  |  legislation  |  Maine