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SECOND REGULAR SESSION
SENATE BILL NO. 921
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NICOLA.
5681S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapters 105, 302, and 407, RSMo, by adding thereto three new sections relating to
protecting personal identifiable information.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapters 105, 302, and 407, RSMo, are amended 1
by adding thereto three new sections, to be known as sections 2
105.2000, 302.029, and 407.2102, to read as follows:3
105.2000. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Digital form of identification", any name or 3
number that may be used, alone or in conjunction with any 4
other information, to identify a specific individual, 5
including any of the following: 6
(a) Name, Social Security number, date of birth, 7
official state or government-issued driver's license or 8
identification number, alien registration number, government 9
passport number, or employer or taxpayer identification 10
number; 11
(b) Unique biometric data, such as fingerprint, voice 12
print, retina or iris image, or other unique physical 13
representation; 14
(c) Unique electronic identification number, address, 15
or routing code; or 16
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(d) Telecommunication identifying information or 17
access device; 18
(2) "Minor", any person under eighteen years of age; 19
(3) "Parent", a biological, foster, or adoptive 20
parent, a stepparent, or a legal guardian; 21
(4) "Personal data", any information relating to an 22
identifiable natural person; 23
(5) "Place of public accommodation", the same meaning 24
given to such term in section 213.010; 25
(6) "Public entity", the state of Missouri, any 26
department, division, board, commission, or other 27
instrumentality of the state, and any political subdivision 28
of the state, including any school district or public 29
institution of higher education. 30
2. A public entity shall not require any person to 31
obtain or maintain any digital form of identification. 32
3. A public entity may offer the use of a digital form 33
of identification when interacting with any person provided 34
the person is not required to obtain or use such digital 35
form of identification and a physical form of identification 36
is offered and can be used in lieu of the digital form of 37
identification. 38
4. (1) A person who has agreed to use a digital form 39
of identification shall be permitted, upon request, to view, 40
correct, remove, destroy, or restrict the usage of all 41
personal data associated with the person's own 42
identification. 43
(2) A person who has authorized the usage of any 44
personal data associated with the person's digital form of 45
identification for one purpose shall not be deemed 46
authorization for any other purpose unless written consent 47
is given by the person for each purpose. 48
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(3) Personal data of any person may only be collected 49
by a public entity for the purpose stated by the public 50
entity and only upon the consent of each individual person, 51
or in the case of a minor, only upon consent of a parent of 52
the minor. 53
(4) Personal data of any person shall not be sold or 54
transferred to any public or private entity without the 55
consent of the person. 56
5. (1) A public entity shall not, with respect to any 57
individual person, take any action or refuse to take any 58
action based solely on the personal data of a person. 59
(2) A digital form of identification shall not be 60
required by a public entity to enter any place of public 61
accommodation. 62
6. Any person may bring a cause of action in a court 63
of competent jurisdiction if the person alleges that a 64
public entity has violated this section. A public entity 65
found by a court to have violated this section shall be 66
liable to the person affected for not more than one hundred 67
fifty thousand dollars per occurrence. 68
7. This section shall not be construed to prohibit any 69
public entity from complying with any lawful request from a 70
law enforcement agency with respect to any person's personal 71
data. 72
302.029. 1. (1) No person shall be required to 1
obtain a mobile driver's license. 2
(2) A driver's license, including a mobile driver's 3
license, shall not be linked with any automated license 4
plate reader in this state without the written consent of 5
such person to whom the driver's license belongs. 6
2. For purposes of this section, the term "mobile 7
driver's license" means a data file that is: 8
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(1) Available on a mobile device that has connectivity 9
to the internet through an application that allows the 10
mobile device to download the data file from the department 11
of revenue; 12
(2) Contains all of the same data elements visible on 13
the face and back of the driver's license issued by the 14
department of revenue; and 15
(3) Displays the current status of the driver's 16
license. 17
407.2102. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Digital form of identification", any name or 3
number that may be used, alone or in conjunction with any 4
other information, to identify a specific individual, 5
including any of the following: 6
(a) Name, Social Security number, date of birth, 7
official state or government-issued driver's license or 8
identification number, alien registration number, government 9
passport number, or employer or taxpayer identification 10
number; 11
(b) Unique biometric data, such as fingerprint, voice 12
print, retina or iris image, or other unique physical 13
representation; 14
(c) Unique electronic identification number, address, 15
or routing code; or 16
(d) Telecommunication identifying information or 17
access device; 18
(2) "Personal data", any information relating to an 19
identifiable natural person; 20
(3) "Private entity", any for-profit or not-for-profit 21
organization, association, corporation, partnership, joint 22
venture, limited partnership, limited liability partnership, 23
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limited liability company, or other entity or business 24
association, including all wholly owned subsidiaries, 25
majority-owned subsidiaries, parent companies, or affiliates 26
of those entities or business associations. 27
2. (1) A private entity may offer the use of a 28
digital form of identification when interacting with any 29
person. A person who has agreed to use a digital form of 30
identification when interacting with a private entity shall 31
be permitted, upon request, to view, correct, remove, 32
destroy, or restrict the usage of all personal data 33
associated with the person's own digital form of 34
identification associated with the private entity. 35
(2) A person who has authorized the usage by a private 36
entity of any personal data associated with the person's 37
digital form of identification for one purpose shall not be 38
deemed authorization for any other purpose unless written 39
consent is given by the person for each purpose. 40
(3) Personal data of any person may only be collected 41
by a private entity for the purpose stated by the private 42
entity and only upon the consent of each individual person. 43
(4) Personal data of any person shall not be sold or 44
transferred to any public or private entity without the 45
consent of the person. 46
3. A private entity shall not, with respect to any 47
individual person, take any action or refuse to take any 48
action based solely on the personal data of a person. 49
4. Any person may bring a cause of action in a court 50
of competent jurisdiction if the person alleges that a 51
business entity has violated this section. A business 52
entity found by a court to have violated this section shall 53
be liable to the person affected for not more than one 54
hundred fifty thousand dollars per occurrence. 55
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5. This section shall not be construed to prohibit any 56
business entity from complying with any lawful request from 57
a law enforcement agency with respect to any person's 58
personal data. 59
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