359-N:2 Collection of Biometric Data Prohibited. –
I. No government agency shall:
(a) Issue an identification card, other than an employee, vendor, or contractor identification or access card, device or system, or use an identification device or system, that requires the collection or retention of an individual's biometric data.
(b) Require an individual to disclose or provide biometric data as a condition of doing business with, engaging in any business activity or relationship with, or obtaining services from, that agency.
(c) Obtain, retain, or provide any individual's biometric data except as set forth in this chapter.
II. Any biometric data collected for an employee, vendor, or contractor identification or access card shall be destroyed when the individual terminates his or her relationship with the agency. No biometric data collected under this section shall be subject to a subpoena.
III. Nothing in paragraphs I and II shall prohibit the disclosure, collection, or retention of biometric data from applicants for and persons employed in positions with state, county, or local public safety agencies as part of the employment screening process, or for obtaining required security clearances, or in connection with investigations of internal misconduct or crimes and offenses.