Biometric Information Privacy Act

To protect the privacy of individuals' personal genetic information and other personal identifier information. 1. Short title This Act may be cited as the Biometric Information Privacy Act 2. Congressional findings Congress finds: (1) Personal genomics is a growing industry where there is nothing to prevent firms from passing personal genetic information to a third party. (2) Technology companies increasingly use biometric information in security features where there is nothing to prevent them from passing that information to a third party. 3. Definitions (a) The term personal physiological biometric information (1) Genetic information. (2) Finger prints. (3) Palm prints. (4) Hand geometry. (5) Iris scans. (6) Retina scans. (7) Eye vein scans. (b) The term business entity (1) Organization. (2) Corporation. (3) Trust. (4) Partnership. (5) Sole Proprietorship. (6) Unincorporated association. (7) Venture established to make a profit. (8) Nonprofit. 4. General authorization (a) Offense A business entity, governmental entity, or person who knowingly— (1) fraudulently obtains personal physiological biometric information relating to an individual; or (2) discloses personal physiological biometric information without permission from the individuals to which the personal physiological biometric information pertains, shall be punished as provided in subsection (b). (b) Penalties A business entity, governmental entity, or person described in subsection (a) shall— (1) be fined not more than $50,000, imprisoned not more than 1 year, or both; (2) if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and (3) if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than $250,000, imprisoned not more than 10 years, or both. 5. Disclosure of information to governmental entity pursuant to court order A governmental entity may obtain personal physiological biometric information pursuant to a court order only if, in the court proceeding relevant to such court order— (1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and (2) the subject of the information is afforded the opportunity to appear and contest such entity's claim. 6. Enforcement The Attorney General shall enforce violations of section 4 and section 5. 7. Effective date The provisions of this Act shall take effect immediately upon enactment.

Summary: Biometric Information Privacy Act - Establishes an offense that subjects business entities (including organizations, trusts, and nonprofits), government entities, and people to penalties for knowingly: (1) obtaining in a fraudulent manner personal physiological biometric information relating to an individual, or (2) disclosing such information without permission from the individuals to whom the information pertains. Defines "personal physiological biometric information" as genetic information, finger prints, palm prints, hand geometry, iris scans, retina scans, and eye vein scans. Sets forth the following penalties to apply to such offenses: a fine of up to $50,000, imprisonment for up to 1 year, or both; if the offense is committed under false pretenses, a fine of up to $100,000, imprisonment for up to 5 years, or both; and if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, a fine of up to $250,000, imprisonment for up to 10 years, or both. Permits a governmental entity to obtain such personal information pursuant to a court order only if, in the court proceeding relevant to such order: (1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case, and (2) the subject of the information is afforded the opportunity to appear and contest such entity's claim. Requires the Attorney General (DOJ) to enforce violations of this Act.