(1)–(5) The Legislature finds that: (1) The use of biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) is growing in commercial, therapeutic, and recreational applications; (2) The use of biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) to identify or monitor individuals is unlike other unique identifiers that are used in commercial and recreational applications. Biometric data of an individual that has been compromised leaves the individual with no recourse, a heightened risk for identity theft, and a greater likelihood to withdraw from transactions facilitated by biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1); (3) An overwhelming majority of members of the public are weary of the use of biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) when such data is tied to finances and other personal information; (4) The ramifications of biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) technology are not fully known; and (5) The public's welfare, security, and safety will be served by regulating the collection, use, safeguarding, handling, storage, retention, and destruction of biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1).

(1)–(9) For purposes of the Biometric Autonomy Liberty Law: (1)(a) Biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency; (2) CollectCollectCollect means to gather, acquire, or obtain;Sec. 3(2) means to gather, acquire, or obtain; (3) Confidential and sensitive dataConfidential and sensitive dataConfidential and sensitive data means personal data that can be used to uniquely identify an individual or an individual's account or property, including any biometric data, genetic marker, genetic testing data, unique identifier number used to locate any account or property, account number, personal identification number, pass code, motor vehicle operator's license number, state identification card number, or social security number;Sec. 3(3) means personal data that can be used to uniquely identify an individual or an individual's account or property, including any biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1), genetic marker, genetic testing data, unique identifier number used to locate any account or property, account number, personal identification number, pass code, motor vehicle operator's license number, state identification card number, or social security number; (4) DiscloseDiscloseDisclose includes redisclosure and dissemination;Sec. 3(4) includes redisclosure and dissemination; (5) EntityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court; (6) PortablePortablePortable means the ability of an individual to transfer biometric data in a usable form from one entity to another entity;Sec. 3(6) means the ability of an individual to transfer biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) in a usable form from one entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) to another entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5); (7) PossessPossessPossess means to have any custody of, to have any control of, to manage the storage of, or to use;Sec. 3(7) means to have any custody of, to have any control of, to manage the storage of, or to use; (8) SecureSecureSecure means to make certain that biometric data is: (a) Protected from the danger of loss; (b) Protected from corruption of the data; and (c) Safe from disclosure to any party not authorized to collect or possess the data;Sec. 3(8) means to make certain that biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) is: (a) Protected from the danger of loss; (b) Protected from corruption of the data; and (c) Safe from disclosure to any party not authorized to collectCollectCollect means to gather, acquire, or obtain;Sec. 3(2) or possessPossessPossess means to have any custody of, to have any control of, to manage the storage of, or to use;Sec. 3(7) the data; and (9) Written consentWritten consentWritten consent means informed written consent that is provided by an individual who is nineteen years of age or older and the language used in the written consent is clear, concise, and written at the seventh-grade lexile.Sec. 3(9) means informed written consentWritten consentWritten consent means informed written consent that is provided by an individual who is nineteen years of age or older and the language used in the written consent is clear, concise, and written at the seventh-grade lexile.Sec. 3(9) that is provided by an individual who is nineteen years of age or older and the language used in the written consentWritten consentWritten consent means informed written consent that is provided by an individual who is nineteen years of age or older and the language used in the written consent is clear, concise, and written at the seventh-grade lexile.Sec. 3(9) is clear, concise, and written at the seventh-grade lexile.

Biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) is the property of the individual from whom the data was collected. An individual may sell the right to use his or her biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1).

(1) 1 Except as provided in section 16 of this act, any entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) that collectsCollectCollect means to gather, acquire, or obtain;Sec. 3(2) or possessesPossessPossess means to have any custody of, to have any control of, to manage the storage of, or to use;Sec. 3(7) biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) shall do so in a manner that is secureSecureSecure means to make certain that biometric data is: (a) Protected from the danger of loss; (b) Protected from corruption of the data; and (c) Safe from disclosure to any party not authorized to collect or possess the data;Sec. 3(8) and portablePortablePortable means the ability of an individual to transfer biometric data in a usable form from one entity to another entity;Sec. 3(6).

(2) 2 Except as provided in section 16 of this act, an individual may provide a written request to an entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) in possession of such individual's biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) to transfer such biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) to another entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5). An entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) shall transfer such biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) as requested within five calendar days after receiving such written request.

3 Except as provided in section 16 of this act, no individual shall be required or coerced to wear or be subject to a device of any kind that collectsCollectCollect means to gather, acquire, or obtain;Sec. 3(2) biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1).

4 Except as provided in section 16 of this act, no individual shall be required to provide or submit to the collection of biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1).

(1) 5 Except as provided in section 16 of this act, an entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) that is or intends to be in possession of an individual's biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) shall develop and make available to the public a written policy establishing a retention schedule and guidelines for permanently destroying biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) at the earliest occurrence of the following: (a) The initial purpose for collecting or possessing such data has been satisfied; (b) Within three months after the last interaction between the entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) and the individual from whom the data was collected; or (c) The expiration of the written consentWritten consentWritten consent means informed written consent that is provided by an individual who is nineteen years of age or older and the language used in the written consent is clear, concise, and written at the seventh-grade lexile.Sec. 3(9) from the individual from whom the data was collected.

(2) 5 Except if necessary to comply with a warrant or subpoena issued by a court of competent jurisdiction, an entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) in possession of biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) shall comply with the entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5)'s established retention schedule and destruction guidelines.

(1)–(2) 6 Except as provided in section 16 of this act, prior to collecting or possessing an individual's biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1), an entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) shall: (1) Inform such individual or such individual's legally authorized representative in writing (a) that biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) will be collected or possessed and (b) of the specific purpose and duration for which biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) will be collected or possessed; and (2) Receive written consentWritten consentWritten consent means informed written consent that is provided by an individual who is nineteen years of age or older and the language used in the written consent is clear, concise, and written at the seventh-grade lexile.Sec. 3(9) from such individual or such individual's legally authorized representative to collectCollectCollect means to gather, acquire, or obtain;Sec. 3(2) or possessPossessPossess means to have any custody of, to have any control of, to manage the storage of, or to use;Sec. 3(7) biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) from the individual.

7 An entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) in possession of biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) shall not sell, lease, trade, or directly profit from biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1).

8 An entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) in possession of biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) shall not discloseDiscloseDisclose includes redisclosure and dissemination;Sec. 3(4) an individual's biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) unless: (1) Such individual or such individual's legally authorized representative provides written consentWritten consentWritten consent means informed written consent that is provided by an individual who is nineteen years of age or older and the language used in the written consent is clear, concise, and written at the seventh-grade lexile.Sec. 3(9) to the disclosure; (2) The disclosure is required by law; (3) The disclosure is required pursuant to a warrant or subpoena issued by a court of competent jurisdiction; (4) The disclosure is made pursuant to a criminal action or proceeding; or (5) The disclosure is made pursuant to a civil action or proceeding under section 13 of this act.

(1)–(2) 9 An entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) in possession of biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) shall store, transmit, and protect from disclosure all biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1): (1) Using the reasonable standard of care within the entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5)'s industry or profession; and (2) In a manner that is the same as or more protective than the manner in which the entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5) stores, transmits, and protects other confidential and sensitive dataConfidential and sensitive dataConfidential and sensitive data means personal data that can be used to uniquely identify an individual or an individual's account or property, including any biometric data, genetic marker, genetic testing data, unique identifier number used to locate any account or property, account number, personal identification number, pass code, motor vehicle operator's license number, state identification card number, or social security number;Sec. 3(3).

(1)–(2) 10 The Attorney General may: (a) Issue subpoenas and seek and recover direct economic damages for each affected Nebraska resident injured by a violation of the Biometric Autonomy Liberty Law; and (b) Seek injunctive relief for a violation of the Biometric Autonomy Liberty Law. (2) A violation of the Biometric Autonomy Liberty Law shall be considered a violation of section 59-1602 and be subject to the Consumer Protection Act and any other law that provides for the implementation and enforcement of section 59-1602.

A waiver of any provision of the Biometric Autonomy Liberty Law is contrary to public policy and is void and unenforceable.

(1)–(2) Nothing in the Biometric Autonomy Liberty Law shall be construed to: (1) Impact the admission or discovery of biometric dataBiometric data(1)(a) Biometric data means any: (i) Retina or iris scan, fingerprint, voice print, scan of hand or face geometry, deoxyribonucleic acid biometrics, brain wave biometrics, heart biometrics, pulmonary biometrics, reproductive biometrics, or other biometrics; and (ii) Information based on any item described in subdivision (1)(a)(i) of this section, regardless of how the information is captured, converted, stored, or shared. (b) Biometric data does not include: (i) Any writing sample, written signature, photograph, human biological sample used for valid scientific testing or screening, demographic data, tattoo description, or physical description such as height, weight, hair color, or eye color; and (ii) Any biometrics or information regarding any (A) anatomical gift, part, or tissue as such terms are defined in the Revised Uniform Anatomical Gift Act or (B) blood or serum stored on behalf of any recipient or potential recipient of a living or cadaveric transplant and obtained or stored by a federally designated organ procurement agency;Sec. 3(1) in any legal action of any kind in any court or before any entityEntityEntity means any: (a) Public or private individual, partnership, corporation, limited liability company, association, or other group, however organized; (b) State or local government agency; and (c) Court of Nebraska or any judge, justice, or employee of such court;Sec. 3(5); or (2) Conflict with the federal Health Insurance Portability and Accountability Act of 1996 and the rules promulgated under such act.

Sections 5 to 9 of this act shall not apply to a law enforcement agency, a law enforcement officer, or a prosecutor acting within the scope of authority of the agency, officer, or prosecutor.

This act becomes operative on January 1, 2025.