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SB2409 amends the Biometric Information Privacy Act to permit licensed private detectives and security contractors to collect facial scans for law enforcement purposes without prior notice. This change aims to enhance crime prevention efforts while imposing specific compliance requirements on the entities involved. The bill is significant for those in the private security industry as it alters how biometric data can be handled.
Key Provisions
Allows collection of facial scans by licensed private detectives for law enforcement without prior notice.
Entities must establish a retention schedule for biometric data.
Data must be destroyed within 30 days unless exceptions apply.
Entities must comply with other requirements set forth in the Biometric Information Privacy Act.
Prohibits selling or profiting from biometric information.
Requires protection of biometric data using industry standards.
Latest Legislative Action
Rule 3-9(a) / Re-referred to Assignments
Bill Sponsors
Name
Role
District
Terry LinkD
Sponsor
SD-030
Compliance Checklist
Establish a retention schedule for biometric data. Who: Private detectives and security contractors. Deadline: Immediately upon enactment. Penalty: Legal consequences for non-compliance.
Ensure destruction of biometric data within 30 days of last interaction. Who: Private detectives and security contractors. Deadline: 30 days after last interaction. Penalty: Legal consequences for non-compliance.
Full Legal Analysis
SB2409 modifies the Biometric Information Privacy Act by allowing licensed private detectives and security contractors, who must be licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, to capture scans of individuals' facial geometry without adhering to the usual notice and consent requirements. This is specifically for the purpose of comparing these scans against databases of individuals arrested for violations of state or federal law. However, entities must establish a retention schedule and comply with guidelines for the destruction of biometric data within 30 days of the last interaction, unless certain exceptions apply, such as ongoing investigations. While non-compliance with these provisions implies consequences, the bill text does not specify legal repercussions, emphasizing the importance of adherence to the new requirements. The bill reflects a growing trend in states to balance law enforcement needs with privacy concerns regarding biometric data collection.
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