SB1238 is a bill that proposes amendments to Title 18 of the Arizona Revised Statutes by adding a new chapter related to the collection, retention, and disclosure of biometric information by private entities. The bill defines "biometric identifier" to include retina or iris scans, fingerprints, voiceprints, or scans of hand or face geometry, while excluding items like writing samples, photographs, and physical descriptions. It also defines "biometric information" as information based on an individual's biometric identifier used to identify an individual.
The bill requires private entities to develop public policies for the retention and destruction of biometric identifiers and information, and it sets conditions for collecting such data, including obtaining written consent. It prohibits the sale, lease, trade, or profiting from biometric data and restricts disclosure unless consent is given or required by law. The bill also establishes standards for storing and protecting biometric data, aligns with federal laws like HIPAA, and provides exemptions for certain financial institutions and government contractors. It allows for civil action against entities that violate these provisions, with potential damages and attorney fees awarded to prevailing parties. The bill's requirements do not impact the admission or discovery of biometric data in legal actions and do not apply to certain financial institutions or government contractors.