California Bill Restricting Collection of Biometric Data Set for Hearing

California Bill Restricting Collection of Biometric Data Set for Hearing

S.B.1189, a bill in California that would restrict a businesses’ use of biometric information, is set for a hearing on Tuesday, April 25 at 10:30am PT in the Senate Appropriations Committee.

The bill 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, using for advertising purposes or otherwise profiting from an individual's biometric information. Businesses are further prohibited from sharing or disclosing biometric information without permission of the individual or in limited specified circumstances.

Biometric information is defined in the bill as a person’s physiological, biological, or behavioral characteristics that can be used to establish individual identity. Biometric information includes, but is not limited to, fingerprints, retina scans, facial scans, iris scans, voiceprints, keystroke patterns, gait patterns and sleep, health or exercise data that contains identifying information.

This bill includes a private right of action which would entitle individuals to sue a business violating this act for up to $1,000 per day.

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. IHRSA will be submitting testimony on this bill and encourage you to as well. If you wish to provide written testimony on this bill it must be submitted at this link in advance of the hearing.

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