Maine Files Bill Restricting Collection of Biometric Data

Maine Files Bill Restricting Collection of Biometric Data

Lawmakers in Maine are considering a bill restricting businesses’ use of biometric information. Biometric identifiers are information generated based on biological characteristics that are unique to each individual (e.g. fingerprints, retina scans, facial scans, and iris scans).

L.D.1945 would require businesses which collect biometric identifiers to develop a written policy made available to the public establishing a retention schedule and guidelines for destruction of the data. The data must be permanently destroyed either after the purpose of collecting the data has been satisfied or up to one year after the individual’s last intentional interaction with the business, whichever occurs first. The business must also obtain the individual’s affirmative written consent prior to collecting biometric identifiers.

Upon request of an individual, a business that collects or possesses biometric data on that individual shall disclose to the individual free of charge any biometric identifiers associated with that individual, the method of capture and any 3rd party with which the biometric identifier was shared.

Additionally, businesses are prohibited from selling, trading, or otherwise profiting from an individual's biometric identifiers or information without the individual’s consent. Businesses are further prohibited from sharing or disclosing 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 $5,000 in damages for each intentional or reckless violation.

IHRSA is 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 Maine, please contact Jake Landry, IHRSA’s public policy assistant.