WeVote
Log In

Bill

Bill

H 387

An act relating to the creation of a property right for an individual’s personal characteristics

2025-2026 Regular Session Introduced by Monique Priestley

The bill would grant individuals a statutory property right in certain personal characteristics, enabling control, licensing, and protection of their use.

Read first time and referred to the Committee on Commerce and Economic Development
0
WeVote Research Nonpartisan
Bill Summary · H 387

Overview

House Bill H 387 (2025-2026, Vermont) proposes the creation of a property right in an individual’s personal characteristics. The bill’s core aim is to recognize and grant a legal framework for private ownership or control over certain attributes that constitute a person’s individuality, such as personal data, biometric markers, or other identifiable traits. The act is introduced with the intent of providing individuals with exclusive rights over their own characteristics, potentially enabling transfer, licensing, commercialization, or protection against unauthorized use.

Main purpose and intent

  • Establish a statutory property right in a person’s personal characteristics.
  • Provide a mechanism to authorize, monetize, or restrict the use of those characteristics by third parties.
  • Create a legal framework to address ownership, exploitation, consent, and remedies related to personal characteristics.

Key provisions and changes (as implied by the bill title and typical structure)

  • Recognition of a property right: Individuals would hold a legally cognizable property interest in certain personal characteristics.
  • Scope of rights: The bill would define which characteristics are included (e.g., biometric data, unique identifiers, or other identifiable traits) and may exclude characteristics that are not legally property-like.
  • Acquisition and transfer: Provisions outlining how the rights can be acquired, transferred, licensed, or sold, including any required formalities or notices.
  • Consent and use: Mechanisms to obtain consent for use by others, and conditions under which use is permissible (e.g., commercial exploitation, research, or media use).
  • Protections and remedies: Legal remedies for infringement, including damages, injunctions, and possible penalties for unauthorized use.
  • Government role: The state’s regulatory or enforcement role, including any required agencies, reporting, or oversight provisions.
  • Exceptions and limitations: Possible carve-outs for non-commercial personal use, public interest, or health and safety considerations.

Who would be affected

  • Individuals: Primary holders of the new personal-characteristics property right, with potential controls over who can use their characteristics and under what terms.
  • Third parties: Entities seeking to use, commercialize, or license personal characteristics would face new consent requirements, licensing regimes, and potential liability for unauthorized use.
  • Businesses and researchers: Could be affected by licensing costs, data-use limitations, and compliance obligations when dealing with personal characteristics.
  • State and regulatory bodies: Responsible for enforcing the new rights, handling disputes, and maintaining registries or records if required.

Procedural and timeline aspects

  • Introduction and referral: The bill was read in the House and referred to the Committee on Commerce and Economic Development on February 26, 2025.
  • Legislative process: As introduced, it would proceed through committee scrutiny, possible amendments, and floor consideration, with potential hearings on consent, data protection, and economic implications.
  • Potential implementation: If enacted, effective dates, rulemakings, and transition provisions would specify when the rights take effect and how existing uses are regulated.

Notable considerations

  • Privacy and civil liberties: Establishing a property right in personal characteristics raises questions about balancing individual control with public interest, privacy protections, and potential chilling effects.
  • Economic implications: Could create new markets for licensing personal characteristics but may also impose compliance costs on businesses.
  • Legal coherence: The concept intersects with existing tort, contract, privacy, and data-protection regimes; statutory gaps or overlaps would require careful alignment.

If you’d like, I can tailor this summary to emphasize particular sections (privacy, economic impact, or enforcement) or compare it to similar frameworks in other jurisdictions.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.