SF 3270

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/04/2025 09:38 a.m.

A bill for an act
relating to civil rights; requiring places of public accommodation to obtain express
consent before collecting biometric data; providing civil remedies; imposing civil
and criminal penalties; proposing coding for new law in Minnesota Statutes, chapter
604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604.505] BIOMETRIC DATA; EXPRESS CONSENT REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Biometric data" means data that depicts physical, biological, or behavioral traits;
characteristics; or measurements of or relating to an identified or identifiable person's body.
Biometric data includes images, descriptions, or recordings of an individual's facial features,
iris or retina, fingerprints, voice, genetics, characteristics, movements, or gestures. Biometric
data also includes data derived from depictions, images, descriptions, or recordings described
in this paragraph that could reasonably identify the person from whom the data was derived.
new text end

new text begin (c) "Express consent" means an individual's affirmative written response to a clear,
meaningful, and prominent written notice regarding the collection of biometric data and the
purpose for the collection.
new text end

new text begin (d) "Place of public accommodation" has the meaning given in section 363A.03,
subdivision 34.
new text end

new text begin Subd. 2. new text end

new text begin Consent required. new text end

new text begin A place of public accommodation must not:
new text end

new text begin (1) collect, process, transmit, or store an individual's biometric data without the express
consent of the individual, or permit any third party to collect, process, transmit, or store an
individual's biometric data without the express consent of the individual; or
new text end

new text begin (2) use an individual's biometric data for any purpose without the express consent of the
individual, or permit any third party to use an individual's biometric data for any purpose
without the express consent of the individual.
new text end

new text begin Subd. 3. new text end

new text begin Civil remedies and penalties. new text end

new text begin (a) A place of public accommodation that violates
this section is subject to a civil penalty of up to $25,000 per violation.
new text end

new text begin (b) A county attorney or an individual whose biometric data is collected in violation of
this section may bring an action under this section.
new text end

new text begin (c) A place of public accommodation that violates this section is liable for damages,
costs, disbursements, and reasonable attorney fees. The court may award injunctive relief
and any other relief the court deems just and equitable.
new text end

new text begin Subd. 4. new text end

new text begin Criminal penalty. new text end

new text begin A place of public accommodation that violates this section
is guilty of a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to causes
of action accruing and violations occurring on or after that date.
new text end