West Virginia Considers Bill Restricting Collection of Biometric Data

West Virginia Considers Bill Restricting Collection of Biometric Data

Lawmakers in West Virginia are considering a bill restricting businesses’ use of biometric identifiers and biometric information. Biometric identifiers are biological characteristics that are unique to each individual (e.g. fingerprints, retina scans, facial scans, and iris scans). Biometric information is any information that is captured, converted, or stored based on an individual’s biometric identifier.

H.B. 2064 would require businesses which collect biometric information to develop a written policy made available to the public establishing a retention schedule and guidelines for destruction of the data. The businesses would be required to gain the customer’s written consent before the collection of any biometric data.

Additionally, businesses are prohibited from selling, trading, or otherwise profiting from an individual's biometric identifiers or information. Businesses are further prohibited from sharing or disclosing biometric information or identifiers without permission of the individual or in limited specified circumstances.

This bill includes a private right of action which would entitle individuals to sue a business violating this act for up to $1,000 for each negligent violation and up to $5,000 in damages if the violation is deemed intentional or reckless.

IHRSA supports legislation that protects individuals, companies, and employees’ privacy while ensuring the continued development and use of technological innovation that enhances the consumer experience and management of clubs. We are monitoring this bill and will provide you with more information as it moves forward. We will update you on potential advocacy opportunities related to this bill in the future.

If you have questions about this or other legislative issues affecting the health club industry in West Virginia, please contact Jake Landry, IHRSA’s public policy assistant.