Texas Business & Commerce Code - Section 35.50. Biometric Identifier
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.50. Biometric Identifier
§ 35.50. BIOMETRIC IDENTIFIER. (a) In this section,
"biometric identifier" means a retina or iris scan, fingerprint,
voiceprint, or record of hand or face geometry.
(b) A person may not capture a biometric identifier of an
individual for a commercial purpose unless the person:
(1) informs the individual before capturing the
biometric identifier; and
(2) receives the individual's consent to capture the
biometric identifier.
(c) A person who possesses a biometric identifier of an
individual:
(1) may not sell, lease, or otherwise disclose the
biometric identifier to another person unless:
(A) the individual consents to the disclosure;
(B) the disclosure completes a financial
transaction requested or authorized by the individual;
(C) the disclosure is required or permitted by a
federal statute or by a state statute other than Chapter 552,
Government Code; or
(D) the disclosure is made by or to a law
enforcement agency for a law enforcement purpose; and
(2) shall store, transmit, and protect from disclosure
the biometric identifier using reasonable care and in a manner that
is the same as or more protective than the manner in which the
person stores, transmits, and protects the person's other
confidential information.
(d) A person who violates this section is subject to a civil
penalty of not more than $25,000 for each violation. The attorney
general may institute an action to recover the civil penalty.
Added by Acts 2001, 77th Leg., ch. 634, § 1, eff. Sept. 1, 2001.
Section: 35.44 35.45 35.455 35.46 35.47 35.48 35.49 35.50 35.51 35.52 35.53 35.531 35.54 35.55 35.56
Last modified: August 10, 2007
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