Privacy Daily is a service of Warren Communications News.

Possible Mo. BIPA Would Let Individuals Sue

A proposed Missouri Biometric Information Privacy Act (BIPA) would include a private right of action. State Sen. Nick Schroer (R) proposed SB-118 on Wednesday.

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The bill would require that businesses “develop a publicly available written policy that sets out a retention schedule and guidelines for permanently destroying biometric information,” a bill summary said. Also, companies would have to obtain opt-in consent to collect, capture, purchase, receive or otherwise capture biometric information. Written consent would also be required for disclosing the data unless the disclosure completes a financial transaction sought by the person or is required by law, warrant or subpoena.

In addition, the bill would ban companies from selling, leasing or trading a person’s biometric information. Also, they could not condition providing a service “on the collection, use, disclosure, transfer, sale, retention, or processing of a biometric identifier unless the identifier is strictly necessary to provide the goods or services.”

Individuals could sue companies over possible violations and get $1,000 against companies that “negligently” violate the proposed law and $5,000 against private entities that “intentionally or recklessly” violate it.

Businesses have complained about many private lawsuits filed under the Illinois BIPA. Biometric and genetic privacy bills appeared in Hawaii and Montana earlier this week (see 2501160054).