SB493 Summary

• Establishes the Right to Body Data Privacy Act prohibiting government agencies from denying any right, benefit, or privilege to individuals who refuse to disclose biometric data.

• Defines biometric data to include fingerprints, facial features, voice data, iris recognition, keystroke dynamics, hand geometry, retinal scans, and DNA.

• Exempts biometric data disclosures required by federal statutes enacted before May 10, 2005, state statutes enacted before the act's effective date, and data required pursuant to arrest, indictment, or law enforcement requests with probable cause.

• Requires government agencies requesting biometric data to inform individuals whether disclosure is mandatory or voluntary and by what authority the data is solicited.

• Allows individuals to bring civil actions for violations, with remedies including removal of collected data, attorney fees and costs, and damages of at least $100 per violation or actual damages; creates criminal penalties of up to $300 plus prosecution costs and civil penalties of up to $300 per day for non-compliance with court orders.