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Legislative Year: 2021 Change
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Bill Detail: HB21-1244

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Title Restrictions On Collection And Use Of Biometric Info
Status House Committee on Business Affairs & Labor Postpone Indefinitely (05/12/2021)
Bill Subjects
  • Business & Economic Development
  • Local Government
  • State Government
House Sponsors A. Valdez (D)
Senate Sponsors R. Rodriguez (D)
House Committee Business Affairs and Labor
Senate Committee
Date Introduced 03/24/2021
Summary

The bill prohibits a legal entity that targets products or services to
people in Colorado (covered entity) from collecting, storing, or using
biometric identifiers of a Colorado consumer unless it:
  • Provides the consumer with information about what
biometric identifiers are collected;
  • Obtains the consent of the consumer to the collection,

storage, or use of the biometric identifiers; and
  • Informs the consumer that the consumer can revoke
consent at any time and how to do so.
If a consumer revokes consent to collect, store, or use biometric
identifiers, the covered entity is required to cease collection within 30
days and to delete or destroy any biometric identifiers it has stored. A
violation of the bill's requirements is an unfair or deceptive trade practice.
A governmental entity is prohibited from acquiring, possessing, or
using biometric identifiers or a biometric surveillance system unless
authorized by statute. A governmental entity is prohibited from selling,
releasing, or publicly disclosing biometric identifiers or information from
a biometric surveillance system in its possession and from buying or
otherwise receiving such information from a third party, unless:
  • The sale, disclosure, or receipt of the information is
necessary to comply with a court order or rule or with state
or federal law; or
  • The person who is the subject of the information consents
in writing.
An individual can bring a private right of action against a governmental
entity that violates the bill's requirements. Upon a finding of a violation,
a court can award actual damages, punitive or exemplary damages,
reasonable attorney fees and costs, and other relief.
Biometric identifier is defined to include a retina or iris scan, a
voice print, a face print, a fingerprint or palm print, or any other unique
identifying information based on an individual's immutable
characteristics.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (06/21/2021) (most recent)  
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