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IN SB0248
Bill
AI Summary
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Prohibits enrolling biometric identifiers in databases without first providing notice to the individual, obtaining consent, or providing a mechanism to prevent commercial use of the biometric identifier.
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Restricts the sale, lease, or disclosure of enrolled biometric identifiers to third parties for commercial purposes, with limited exceptions including providing requested services, completing authorized financial transactions, court orders, or litigation preparation.
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Requires persons possessing enrolled biometric identifiers to take reasonable care to protect them and retain them only as long as necessary for legal compliance, fraud prevention, or service provision.
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Classifies violations as deceptive acts enforceable under Indiana's deceptive consumer sales act, with criminal penalties of Level 6 felony for knowing and intentional violations, or Level 5 felony if involving more than 100 individuals or $50,000+ in fraud or harm.
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Exempts financial institutions subject to the Gramm-Leach-Bliley Act and entities subject to HIPAA from the biometric identifier requirements, effective July 1, 2018.
Legislative Description
Biometric identifiers. Provides that a person shall not enroll a biometric identifier of an individual in a data base unless the person first: (1) provides notice to the individual from whom the biometric identifier was captured; (2) obtains the consent of the individual; or (3) provides a mechanism that can be used to prevent the subsequent use of biometric identifiers for a commercial purpose following enrollment in the data base. Provides that a person who enrolls the biometric identifier of an individual in a data base as permitted under these provisions may not sell, lease, or otherwise disclose the biometric
Last Action
First reading: referred to Committee on Corrections and Criminal Law
1/3/2018