Constitutional referendum on the ownership of biometric data

2025 Regular Session

Would enshrine individual ownership of biometric data in the constitution, with consent, use limits, and stronger privacy protections for collection, storage, and sharing.

(LC) Draft Died in Process

#constitutionalamendmentproposals #informationtechnology(seealso:communications) #privacy #referendum

Overview

LC 344 is a proposed constitutional amendment that would address the ownership of biometric data. The bill was introduced on September 27, 2024 (Drafter Assigned; Draft On Hold) and was categorized as a constitutional amendment proposal related to information technology, privacy, and referendum. The measure progressed no further and, as of May 22, 2025, is listed as having died in process.

Purpose and Intent

The bill seeks to place a constitutional question before voters regarding who owns biometric data (bodily identifiers such as fingerprints, facial data, voice patterns, etc.) and how that data may be collected, stored, used, and shared.

By pursuing a constitutional amendment, the measure aims to establish foundational rights or constraints that would govern biometric data ownership beyond ordinary statute.

Key Provisions (Schematic understanding)

Note: The exact text of LC 344 is not provided here. Based on the title and classification, the bill would conceptually address:
- Establishing ownership of biometric data in the constitution, likely favoring the individual as the owner.
- Defining permissible and restricted uses of biometric data by public and private entities.
- Potential requirements for consent, disclosure, and control over how biometric data is collected, stored, and processed.
- Safeguards around privacy, data security, and potentially mechanisms for redress or enforcement.
- The framework for implementing these provisions would be subject to future legislative interpretation and regulation.

Because the actual language is not included in the provided information, the above indicates typical components such a constitutional provision might entail rather than binding specifics.

Affected Parties

Individuals whose biometric data could be collected or used.

Government agencies and law enforcement, depending on constitutional constraints.

Private entities and organizations that collect, store, or process biometric data (e.g., security providers, employers, healthcare providers, tech companies).

Privacy protection agencies and legal systems responsible for enforcement and adjudication.

Procedural Timeline and Status

2024-09-27: Drafter Assigned; Draft On Hold.

2025-05-22: (LC) Draft Died in Process.

Status: Died in Process, meaning the measure did not advance to enactment or become law.

Implication: As a dead-in-process draft, there is no current path for this constitutional amendment to proceed unless reintroduced in a future legislative session.

Potential Impact (if enacted)

If adopted, the amendment could substantially alter the legal framework for biometric data, reinforcing individual ownership and potentially restricting how biometric data is collected and used.

Could require explicit consent, limit government and corporate access or require heightened privacy protections.

Would necessitate alignment with existing privacy laws and regulations, and likely prompt regulatory rulemaking and enforcement mechanisms.

Next Steps for Interested Readers

Monitor official state or legislative websites for any renewed action on LC 344 or similar biometric data ownership measures.

Review the constitutional text if reintroduced to understand the precise rights, restrictions, and enforcement provisions.

Consider impacts on privacy practices for entities that collect biometric data and on individuals' rights.

Bill