February 18, 2022 - SACRAMENTO — With the use of biometric information in technology expanding, State Senator Bob Wieckowski (D-Fremont) has 
introduced a bill to broaden the definition of biometric information to increase privacy protection for California consumers.
“Biometric technologies are becoming more prevalent in our society and it is important that we safeguard consumers from this encroachment into their privacy,” said Wieckowski, a member of the Senate Judiciary Committee. “SB 1189 would ensure biometric information is applied in a responsible manner that protects individuals’ privacy by expanding control over their personal information. It takes the onus off of consumers by requiring their informed consent to collect or disclose biometric data.”
SB 1189, the California Biometric Information Privacy Act, broadens the definition of biometric data to a person’s physiological, biological, and behavioral characteristics that can be used to establish individual identity. It prohibits any private entity from selling, leasing, trading, using for advertising purposes or otherwise profiting from a person’s biometric information. It also includes a private right of action for Californians when a company violates their rights.
The California Consumer Privacy Act of 2018 gives consumers the right to opt out of the sale of their personal information and secures other privacy rights. SB 1189 will supplement the CCPA by covering more businesses in the emerging biometric information field.
SB 1189 would cover all private entities and require them to get the consumer’s consent before collecting their biometric information. It would also require private entities to publish a written policy establishing a retention schedule and guidelines for permanently erasing the biometric information.
The bill is sponsored by the Electronic Frontier Foundation and co-sponsored by the Privacy Rights Clearinghouse.
"All kinds of businesses are harvesting and monetizing our biometric information," said Hayley Tsukayama, legislative activist at the Electronic Frontier Foundation. "This invades privacy, chills free speech, disparately burdens people of color, and undermines information security. We thank Sen. Wieckowski for sponsoring legislation to place control where it belongs: in the hands of each of us, to decide for ourselves whether to consent to sharing our biometric information."
As technology advances, the use of biometric data will only expand. The information is increasingly used in a variety of sectors including surveillance, vehicle safety, automated verification and wearable internet devices. One report notes that biometrics and artificial intelligence are applied by more than 3,000 companies for identity verification.
The technology is controversial due to its adverse impact on privacy and concerns about its accuracy. Facial recognition technologies, for example, have experienced some high error rates in certain demographic groups, especially among African Americans.
Senator Wieckowski represents the 10th Senate District, which includes parts of southern Alameda County and Santa Clara County.
Source: Senator Bob Wieckowski
