§ 260:10-b — Collection of Biometric Data Prohibited

I. The state shall not collect, obtain, or retain any biometric data in connection with motor vehicle registration or operation, or in connection with driver licensing. "Biometric data" includes, but is not limited to:
(a) Fingerprints, palm prints, and other methods for measuring or recording ridge pattern or fingertip characteristics.
(b) Facial feature pattern characteristics.
(c) Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence.
(d) Voice data used for comparing live speech with a previously-created speech model of a person's voice.
(e) Iris recognition data containing color or texture patterns or codes.
(f) Keystroke dynamics, measuring pressure applied to key pads.
(g) Hand geometry, measuring hand characteristics, including the shape and length of fingers, in 3 dimensions.
(h) Retinal scans, reading through the pupil to measure blood vessels lining the retina.
(i) DNA/RNA.
II. Paragraph I shall not apply to:
(a) The collection or retention of fingerprints or the purpose of enforcing laws relating to serious traffic offenses, including, but not limited to, driving while intoxicated, reckless driving, negligent homicide with a motor vehicle, operating after being declared an habitual motor vehicle offender, or any motor vehicle offense for which a physical custody arrest was made and bail is required.
(b) The taking or use of signatures, computerized images, likenesses, or photographs, in any form used by the department prior to the effective date of this subparagraph, for licensing purposes, provided that the taking or use is consistent with the provisions of RSA 260:14.
(c) The taking of fingerprints for the purpose of performing criminal records checks required under federal regulations governing the issuance of hazardous materials endorsements on drivers' licenses.

Legislative History

2004, 133:1, eff. July 18, 2004.