Amendment ID: S2608-44

Amendment 44

Requiring a retention schedule for biometric data

Mr. Montigny, Ms. Rausch and Mr. Keenan move that the proposed new draft be amended in section 1, by inserting, in line 368, the following sentence:-  "(x) establish a retention schedule and guidelines for permanently destroying biometric data when the initial purpose for collecting or obtaining such data has been satisfied or within 1 year of the individual's last interaction with the private entity, whichever occurs first. Absent a valid order, warrant, or subpoena issued by a court of competent jurisdiction or a local or federal governmental agency, a controller in possession of biometric data must comply with its established retention schedule and destruction guidelines."; and

in section 1, by inserting, in line 402, the following sentence:- "(xi) for controllers which collect and process biometric data, the controller’s policy establishing a retention schedule and guidelines for permanently destroying biometric data when the initial purpose for collecting or obtaining such data has been satisfied or within 1 year of the individual's last interaction with the controller, whichever occurs first."