SF3270

SF3270 (Legislative Session 94 (2025-2026))

Places of public accommodation to obtain express consent before collecting biometric data requirement

AI Generated Summary

Purpose of the Bill

This bill aims to enhance civil rights protections by regulating the collection, use, and storage of biometric data by places of public accommodation. It introduces requirements for obtaining express consent from individuals before collecting their biometric data and sets forth penalties for non-compliance.

Main Provisions

Definition of Biometric Data: The bill defines biometric data as any data that depicts physical, biological, or behavioral traits, such as facial features, iris or retina information, fingerprints, voice patterns, or genetic characteristics, which can be used to identify a person.
Express Consent Requirement:
- Places of public accommodation must obtain explicit written consent from individuals before collecting, processing, transmitting, storing, or using their biometric data.
- This consent is necessary both for the organizations collecting the data and any third parties involved.
Civil Remedies and Penalties:
- Violations of these provisions can result in a civil penalty of up to $25,000 per infraction.
- Both county attorneys and individuals who believe their biometric data has been collected improperly can file a lawsuit.
- Violators may also face liability for damages, legal costs, and attorney fees. Courts may issue injunctions and offer other equitable remedies.
Criminal Penalty: Violating these provisions is classified as a misdemeanor, adding a layer of criminal liability for non-compliance.

Significant Changes to Existing Law

This bill proposes new legal obligations under Minnesota Statutes Chapter 604, as there are currently no specific provisions requiring express consent for biometric data collection by places of public accommodation. The introduction of civil penalties, the ability for individuals to seek legal recourse, and the establishment of criminal penalties represent a substantial update to existing privacy protections.

Relevant Terms

biometric data, express consent, public accommodation, civil penalty, criminal penalty, misdemeanor, privacy protection, facial recognition, fingerprinting, data collection

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
April 02, 2025	Senate	Floor	Action	Introduction and first reading
April 02, 2025	Senate	Floor	Action	Introduction and first reading
April 02, 2025	Senate	Floor	Action	Referred to	Judiciary and Public Safety

Citations

[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill references a place of public accommodation definition under section 363A.03, subdivision 34.",
      "modified": []
    },
    "citation": "363A.03",
    "subdivision": "subdivision 34"
  }
]