SB493 Alabama 2012 Session

Summary

Primary Sponsor

Trip Pittman

Republican

Co-Sponsors

Paul SanfordArthur OrrBill Holtzclaw

Session

Regular Session 2012

Title

Right to Body Data Privacy Act, unlawful to deny rights due individual for refusal to disclose certain personal data, exceptions, civil sanctions

Summary

SB493 would protect people’s biometric data by barring government agencies from denying rights or benefits based on a refusal to disclose biometric data, while outlining exceptions and penalties.

What This Bill Does

It defines biometric data and government agencies. It makes it unlawful for a government agency to deny a person any right, benefit, or privilege because they refuse to disclose biometric data. It includes exceptions where disclosure may be required by certain laws or in criminal investigations, and requires agencies to inform individuals whether disclosure is mandatory, what authority requires it, and how the data will be used. It creates remedies for violations, including data removal, attorney fees, damages, and fines or penalties for noncompliance.

Who It Affects

• Individuals whose biometric data could be collected by government agencies, who would be protected from being denied rights or benefits for not sharing biometric data.
• Government agencies and their employees, who would face potential civil penalties, court orders to remove data, and other consequences if they violate the act.

Key Provisions

• Definition of biometric data (e.g., fingerprints, facial features, voice, iris, DNA/RNA, keystroke dynamics, hand geometry, retinal scans, etc.) and government agencies.
• Prohibition on denying rights, benefits, or privileges provided by law due to a person’s refusal to disclose biometric data, with specified exceptions.
• Exceptions allow disclosures required by federal or state statutes enacted before the effective date, and carve-outs excluding disclosures tied to arrest, indictment, or law enforcement with probable cause.
• Remedies for violations include court-ordered removal of biometric data, payment of attorney fees and costs, and damages (minimum of $100 per collection or actual damages); penalties include fines up to $300 and daily penalties for noncompliance.
• Effective date set as the first day of the third month after enactment and approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure