(1) "Biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1)", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1)" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;

(2) "Biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2)", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) and used to identify an individual. "Biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2)" does not include information derived from items or procedures excluded under the definition of biometric identifiersBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1);

(3) "Confidential and sensitive informationConfidential and sensitive information"Confidential and sensitive information", personal information that can be used to uniquely identify an individual or an individual's account or property. Examples of "confidential and sensitive information" include, but are not limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a personal identification number, a pass code, a driver's license number, or a Social Security number;§ 1.563(3)", personal information that can be used to uniquely identify an individual or an individual's account or property. Examples of "confidential and sensitive informationConfidential and sensitive information"Confidential and sensitive information", personal information that can be used to uniquely identify an individual or an individual's account or property. Examples of "confidential and sensitive information" include, but are not limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a personal identification number, a pass code, a driver's license number, or a Social Security number;§ 1.563(3)" include, but are not limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a personal identification number, a pass code, a driver's license number, or a Social Security number;

(4) "Private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4)", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4)" does not include a state or local government agency. "Private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4)" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;

(5) "Written releaseWritten release"Written release", informed written consent, including written consent provided by electronic means. A valid written release shall not be secured through a general release or user agreement. In the context of employment, a written release: (a) Shall be used only to secure consent to collect and use biometric identifiers for the purposes of: a. Permitting access to secure physical locations and secure electronic hardware and software applications without retaining data that allows for employee location tracking or the tracking of how long an employee spends using a hardware or software application; or b. Recording the commencement and conclusion of an employee's full work day and meal or rest breaks in excess of thirty minutes; and (b) May be secured in the form of a written release executed by an employee as a condition of employment.§ 1.563(5)", informed written consent, including written consent provided by electronic means. A valid written releaseWritten release"Written release", informed written consent, including written consent provided by electronic means. A valid written release shall not be secured through a general release or user agreement. In the context of employment, a written release: (a) Shall be used only to secure consent to collect and use biometric identifiers for the purposes of: a. Permitting access to secure physical locations and secure electronic hardware and software applications without retaining data that allows for employee location tracking or the tracking of how long an employee spends using a hardware or software application; or b. Recording the commencement and conclusion of an employee's full work day and meal or rest breaks in excess of thirty minutes; and (b) May be secured in the form of a written release executed by an employee as a condition of employment.§ 1.563(5) shall not be secured through a general release or user agreement. In the context of employment, a written releaseWritten release"Written release", informed written consent, including written consent provided by electronic means. A valid written release shall not be secured through a general release or user agreement. In the context of employment, a written release: (a) Shall be used only to secure consent to collect and use biometric identifiers for the purposes of: a. Permitting access to secure physical locations and secure electronic hardware and software applications without retaining data that allows for employee location tracking or the tracking of how long an employee spends using a hardware or software application; or b. Recording the commencement and conclusion of an employee's full work day and meal or rest breaks in excess of thirty minutes; and (b) May be secured in the form of a written release executed by an employee as a condition of employment.§ 1.563(5): (a) Shall be used only to secure consent to collect and use biometric identifiersBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) for the purposes of: a. Permitting access to secure physical locations and secure electronic hardware and software applications without retaining data that allows for employee location tracking or the tracking of how long an employee spends using a hardware or software application; or b. Recording the commencement and conclusion of an employee's full work day and meal or rest breaks in excess of thirty minutes; and (b) May be secured in the form of a written releaseWritten release"Written release", informed written consent, including written consent provided by electronic means. A valid written release shall not be secured through a general release or user agreement. In the context of employment, a written release: (a) Shall be used only to secure consent to collect and use biometric identifiers for the purposes of: a. Permitting access to secure physical locations and secure electronic hardware and software applications without retaining data that allows for employee location tracking or the tracking of how long an employee spends using a hardware or software application; or b. Recording the commencement and conclusion of an employee's full work day and meal or rest breaks in excess of thirty minutes; and (b) May be secured in the form of a written release executed by an employee as a condition of employment.§ 1.563(5) executed by an employee as a condition of employment.

(1) 1 Any private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4) in possession of biometric identifiersBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) or biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) shall develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying biometric identifiersBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) and biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within one year of the individual's last interaction with the private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4), whichever occurs first. Absent a valid warrant or subpoena issued by a court of competent jurisdiction, a private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4) in possession of biometric identifiersBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) or biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) shall comply with its established retention schedule and destruction guidelines.

(2) 2 No private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4) shall collect, capture, purchase, receive through trade, or otherwise obtain a person's or a customer's biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) or biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) unless it first: (1) Informs the person or customer, or the person's or customer's legally authorized representative, in writing that a biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) or biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) is being collected or stored; (2) Informs the person or customer, or the person's or customer's legally authorized representative, of the specific purpose and length of term for which a biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) or biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) is being collected, stored, and used; and (3) Receives a written releaseWritten release"Written release", informed written consent, including written consent provided by electronic means. A valid written release shall not be secured through a general release or user agreement. In the context of employment, a written release: (a) Shall be used only to secure consent to collect and use biometric identifiers for the purposes of: a. Permitting access to secure physical locations and secure electronic hardware and software applications without retaining data that allows for employee location tracking or the tracking of how long an employee spends using a hardware or software application; or b. Recording the commencement and conclusion of an employee's full work day and meal or rest breaks in excess of thirty minutes; and (b) May be secured in the form of a written release executed by an employee as a condition of employment.§ 1.563(5) executed by the person or customer, or the person's or customer's legally authorized representative.

(3)(1) 3 Any entity or individual required to comply with the federal Health Insurance Portability and Accountability Act, Pub. L. No. 104-191, shall treat biometric identifiersBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) and biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) as individually identifiable health information and unique health identifiers protected under that act and the rules promulgated thereunder.

(3)(2) 4 No private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4) in possession of a biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) or biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) shall sell, lease, or trade a person's or a customer's biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) or biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2).

(4) 5 No private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4) in possession of a biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) or biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) shall disclose, redisclose, or otherwise disseminate a person's or a customer's biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) or biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) unless: (1) The person or customer, or the person's or customer's legally authorized representative, provides written releaseWritten release"Written release", informed written consent, including written consent provided by electronic means. A valid written release shall not be secured through a general release or user agreement. In the context of employment, a written release: (a) Shall be used only to secure consent to collect and use biometric identifiers for the purposes of: a. Permitting access to secure physical locations and secure electronic hardware and software applications without retaining data that allows for employee location tracking or the tracking of how long an employee spends using a hardware or software application; or b. Recording the commencement and conclusion of an employee's full work day and meal or rest breaks in excess of thirty minutes; and (b) May be secured in the form of a written release executed by an employee as a condition of employment.§ 1.563(5) to the disclosure or redisclosure; (2) The disclosure or redisclosure completes a financial transaction requested or authorized by the person or customer, or the person's or customer's legally authorized representative; (3) The disclosure or redisclosure is required by state law, federal law, or municipal ordinance; or (4) The disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.

(5) 6 A private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4) in possession of a biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) or biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) shall: (1) Store, transmit, and protect from disclosure all biometric identifiersBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) and biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) using the reasonable standard of care within the private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4)'s industry; and (2) Store, transmit, and protect from disclosure all biometric identifiersBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) and biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) in a manner that is the same as or more protective than the manner in which the private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4) stores, transmits, and protects other confidential and sensitive informationConfidential and sensitive information"Confidential and sensitive information", personal information that can be used to uniquely identify an individual or an individual's account or property. Examples of "confidential and sensitive information" include, but are not limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a personal identification number, a pass code, a driver's license number, or a Social Security number;§ 1.563(3).

(1) 7 A private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4) shall not: (1) Condition the provision of a good or service on the collection, use, disclosure, transfer, sale, retention, or processing of a biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) unless the biometric identifierBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) is strictly necessary to provide the good or service;

(2) 8 Charge different prices or rates for goods or services or provide a different level of quality of a good or service to any individual who exercises the individual's rights under sections 1.561 to 1.572.

Any person aggrieved by a violation of sections 1.561 to 1.572 shall have a right of action in a state circuit court or as a supplemental claim in federal district court against an offending party including, but not limited to, a class action brought pursuant to the rules of the Missouri supreme court. The court shall award all attorney's fees and costs, including expert witness fees and other litigation expenses, to the prevailing plaintiff. A prevailing plaintiff may recover for each violation: (1) Against a private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4) that negligently violates a provision of sections 1.561 to 1.572, liquidated damages of one thousand dollars or actual damages, whichever is greater; (2) Against a private entityPrivate entity"Private entity", any individual acting in a commercial context, partnership, corporation, limited liability company, association, or other group however organized. "Private entity" does not include a state or local government agency. "Private entity" does not include any court of Missouri, a clerk of the court, or a judge or justice thereof;§ 1.563(4) that intentionally or recklessly violates a provision of sections 1.561 to 1.572, liquidated damages of five thousand dollars or actual damages, whichever is greater; and (3) Other relief, including an injunction, as the state or federal court may deem appropriate.

(1) Nothing in sections 1.561 to 1.572 shall be construed to impact the admission or discovery of biometric identifiersBiometric identifier"Biometric identifier", a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry or any other biological characteristic that can be used to uniquely identify an individual. "Biometric identifier" does not include: (a) Writing samples; written signatures; a photograph or video, except data generated, captured, or collected from the biological characteristics of a person depicted in a photograph or video; human biological samples used for valid scientific testing or screening; demographic data; tattoo descriptions; or physical descriptions such as height, weight, hair color, or eye color; (b) Any donated organ, tissue or part as those terms are defined under section 194.210, or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency; (c) Information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191; or (d) An X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;§ 1.563(1) and biometric informationBiometric information"Biometric information", any information, regardless of how it is captured, converted, stored, or shared, that is based on an individual's biometric identifier and used to identify an individual. "Biometric information" does not include information derived from items or procedures excluded under the definition of biometric identifiers;§ 1.563(2) in any action of any kind in any court, or before any tribunal, board, agency, or person.

(2) Nothing in sections 1.561 to 1.572 shall be construed to conflict with section 334.097 or with the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, or the rules promulgated thereunder.

(3) Nothing in sections 1.561 to 1.572 shall be deemed to apply in any manner to a financial institution or an affiliate of a financial institution that is subject to Title V of the federal Gramm-Leach-Bliley Act of 1999, Pub. L. 106-102, and the rules promulgated thereunder.

(4) Nothing in sections 1.561 to 1.572 shall be construed to apply to a contractor, subcontractor, or agent of a state agency or local unit of government when working for that state agency or local unit of government.