,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dcha ,,in ,,the ,,house ,,of ,,representatives ,april #b1 #bjad ,mr4 ,stockman introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to protect the privacy of individuals' personal genetic information and other personal identifier information4 #a4 ,short title ,this ,act may be cited as the ,biometric ,information ,privacy ,act4 #b4 ,congressional findings ,congress finds3 7#a7 ,personal genomics is a growing industry where there is nothing to prevent firms from passing personal genetic information to a third party4 7#b7 ,technology companies increasingly use biometric information in security features where there is nothing to prevent them from passing that information to a third party4 #c4 ,definitions 7a7 ,the term personal physiological biometric information is defined as3 7#a7 ,genetic information4 7#b7 ,finger prints4 7#c7 ,palm prints4 7#d7 ,hand geometry4 7#e7 ,iris scans4 7#f7 ,retina scans4 7#g7 ,eye vein scans4 7b7 ,the term business entity is defined as any3 7#a7 ,organization4 7#b7 ,corporation4 7#c7 ,trust4 7#d7 ,partnership4 7#e7 ,sole ,proprietorship4 7#f7 ,unincorporated association4 7#g7 ,venture established to make a profit4 7#h7 ,nonprofit4 #d4 ,general authorization 7a7 ,offense ,a business entity1 governmental entity1 or person who knowingly-- 7#a7 fraudulently obtains personal physiological biometric information relating to an individual2 or 7#b7 discloses personal physiological biometric information without permission from the individuals to which the personal physiological biometric information pertains1 shall be punished as provided in subsection 7b74 7b7 ,penalties ,a business entity1 governmental entity1 or person described in subsection 7a7 shall-- 7#a7 be fined not more than #ej1jjj1 imprisoned not more than #a year1 or both2 7#b7 if the offense is committed under false pretenses1 be fined not more than #ajj1jjj1 imprisoned not more than #e years1 or both2 and 7#c7 if the offense is committed with intent to sell1 transfer1 or use individually identifiable health information for commercial advantage1 personal gain1 or malicious harm1 be fined not more than #bej1jjj1 imprisoned not more than #aj years1 or both4 #e4 ,disclosure of information to governmental entity pursuant to court order ,a governmental entity may obtain personal physiological biometric information pursuant to a court order only if1 in the court proceeding relevant to such court order-- 7#a7 such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case2 and 7#b7 the subject of the information is afforded the opportunity to appear and contest such entity's claim4 #f4 ,enforcement ,the ,attorney ,general shall enforce violations of section #d and section #e4 #g4 ,effective date ,the provisions of this ,act shall take effect immediately upon enactment4