Bill Text: NH HB536 | 2019 | Regular Session | Introduced


Bill Title: Adding biometric information to the consumer protection act.

Spectrum:

Status: (Engrossed) 2019-05-15 - Rereferred to Committee, Motion Adopted, Voice Vote; 05/15/2019; Senate Journal 16 [HB536 Detail]

Download: New_Hampshire-2019-HB536-Introduced.html

HB 536-FN - AS INTRODUCED

 

 

2019 SESSION

19-0361

01/03

 

HOUSE BILL 536-FN

 

AN ACT adding biometric information to the consumer protection act.

 

SPONSORS: Rep. Luneau, Merr. 10; Rep. Hunt, Ches. 11; Sen. Cavanaugh, Dist 16

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill prohibits businesses from using, disclosing, or retaining biometric information about an individual.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0361

01/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT adding biometric information to the consumer protection act.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Regulation of Business Practices for Consumer Protection; Definitions.  Amend RSA 358-A:1 by inserting after paragraph V the following new paragraph:

VI.  “Biometric information” means an individual’s physiological, biological, or behavioral characteristics, including an individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity.  Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, and vein patterns, and voice recordings, from which an identifier template, such as a face-print, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.

2  New Paragraph; Regulation of Business Practices for Consumer Protection; Acts Unlawful.  Amend RSA 358-A:2 by inserting after paragraph XVII the following new paragraph:

XVIII.  Obtaining, using, disclosing, or retaining biometric information about an individual with whom the person is engaged in trade or commerce for any purpose other than that which the individual reasonably expects.

3  Effective Date.  This act shall take effect January 1, 2020.

 

LBAO

19-0361

1/14/19

 

HB 536-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT adding biometric information to the consumer protection act.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill prohibits businesses from using, disclosing, or retaining biometric information about an individual.

 

The Judicial Branch indicates this bill would add to the unlawful acts in RSA 358-A:2, the Consumer Protection Act, the improper use of biometric information.  The Branch has no information on how many additional cases would result from this bill.  Consumer protection cases are often hard-fought and carry with them the potential for enforcement actions by the attorney general, criminal prosecution, and private actions with the potential of up to treble damages.  

 

The Department of Justice is responsible for enforcing the consumer protection act.  The Department cannot estimate the number of cases that may result from this bill or the number of hours required to investigate and/or  prosecute such a violation, there therfore the fiscal impact is indeterminable.  There would be no impact on revenues.  

 

The Judicial Council assumes, due to the connection with trade and commerce, most individuals charged under this legislation would be employed and would not qualify for appointed counsel.

Therfore the bill would not impact the Judicial Council.

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, and Department of Justice

 

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