Tex. Bus. & Com. Code Section 503.001
Capture or Use of Biometric Identifier


Mentioned in

Class Actions and Biometric Privacy Laws

Phillips Lytle LLP, July 20, 2023

“The Supreme Court of Illinois broadly interpreted the Illinois Biometric Information Privacy Act (BIPA) in two recent decisions, Cothron v. White Castle”
 
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Senators Demand TikTok Reveal How It Plans To Collect Voice And Face Data

NPR, August 18, 2021

“TikTok has quietly expanded how much information it will collect from its more than 100 million users in the U.S. to include ‘faceprints and voiceprints.’”
 
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My Boss Wants Me to Use My Fingerprint to Clock In. Is That Legal?

The Markup, March 17, 2020

“You don’t always have to give your boss the finger.”
 
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(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 that is captured for a commercial purpose:

(1)

may not sell, lease, or otherwise disclose the biometric identifier to another person unless:

(A)

the individual consents to the disclosure for identification purposes in the event of the individual’s disappearance or death;

(B)

the disclosure completes a financial transaction that the individual requested or authorized;

(C)

the disclosure is required or permitted by a federal statute or by a state statute other than Chapter 552 (Public Information), Government Code; or

(D)

the disclosure is made by or to a law enforcement agency for a law enforcement purpose in response to a warrant;

(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 any other confidential information the person possesses; and

(3)

shall destroy the biometric identifier within a reasonable time, but not later than the first anniversary of the date the purpose for collecting the identifier expires, except as provided by Subsection (c-1).

(c-1)

If a biometric identifier of an individual captured for a commercial purpose is used in connection with an instrument or document that is required by another law to be maintained for a period longer than the period prescribed by Subsection (c)(3), the person who possesses the biometric identifier shall destroy the biometric identifier within a reasonable time, but not later than the first anniversary of the date the instrument or document is no longer required to be maintained by law.

(c-2)

If a biometric identifier captured for a commercial purpose has been collected for security purposes by an employer, the purpose for collecting the identifier under Subsection (c)(3) is presumed to expire on termination of the employment relationship.

(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 bring an action to recover the civil penalty.

(e)

This section does not apply to voiceprint data retained by a financial institution or an affiliate of a financial institution, as those terms are defined by 15 U.S.C. Section 6809.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1163 (H.B. 3186), Sec. 1, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 913 (S.B. 1343), Sec. 1, eff. September 1, 2017.

Source: Section 503.001 — Capture or Use of Biometric Identifier, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­503.­htm#503.­001 (accessed Feb. 22, 2024).

Accessed:
Feb. 22, 2024

§ 503.001’s source at texas​.gov