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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 729
Introduced by Kauth, 31.
Read first time January 07, 2026
Committee:
A BILL FOR AN ACT relating to biometric data; to adopt the Biometric1
Autonomy Liberty Law; and to provide an operative date.2
Be it enacted by the people of the State of Nebraska,3
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Section 1. Sections 1 to 7 of this act shall be known and may be1
cited as the Biometric Autonomy Liberty Law. 2
Sec. 2. The Legislature finds that: 3
(1) The use of biometric data is growing in commercial, therapeutic,4
and recreational applications; 5
(2) The use of biometric data to identify or monitor individuals is6
unlike other unique identifiers that are used in commercial and7
recreational applications. Biometric data of an individual that has been8
compromised leaves the individual with no recourse, a heightened risk for9
identity theft, and a greater likelihood to withdraw from transactions10
facilitated by biometric data; 11
(3) An overwhelming majority of members of the public are weary of12
the use of biometric data when such data is tied to finances and other13
personal information; 14
(4) The ramifications of biometric data technology are not fully15
known; and 16
(5) The public's welfare, security, and safety will be served by17
regulating the collection, use, safeguarding, handling, storage,18
retention, and destruction of biometric data. 19
Sec. 3. For purposes of the Biometric Autonomy Liberty Law:20
(1)(a) Biometric data means data that is generated to identify a21
specific individual through an automatic measurement of a biological22
characteristic of such individual and includes any:23
(i) Fingerprint; 24
(ii) Voice print; 25
(iii) Retina image; 26
(iv) Iris image; or 27
(v) Unique biological pattern or characteristic.28
(b) Biometric data does not include: 29
(i) Any photograph, video recording, or audio recording, except for30
data generated or collected from the biological characteristics of a31
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person depicted in any such photograph, video recording, or audio1
recording; or 2
(ii) Information collected, used, or stored for health care3
treatment, payment, or operations under the federal Health Insurance4
Portability and Accountability Act of 1996 and the rules and regulations5
adopted under such act; 6
(2) Collect means to gather, acquire, or obtain;7
(3) Implantable device means a biocompatible device that can be8
implanted inside the body; 9
(4) Possess means to have any custody of, to have any control of, to10
manage the storage of, or to use; 11
(5)(a) Private entity means any individual, partnership,12
corporation, limited liability company, association, or other group or13
entity, however organized. 14
(b) Private entity does not include a public entity;15
(6) Public entity means: 16
(a) The State of Nebraska or any agent acting on behalf of the State17
of Nebraska; 18
(b) Any state or local governmental agency or any agent acting on19
behalf of any state or local governmental agency; 20
(c) Any political subdivision of the State of Nebraska or any agent21
acting on behalf of any political subdivision of the State of Nebraska;22
(d) Any court of Nebraska or any judge, justice, or agent acting on23
behalf of such court; and 24
(e) The Legislative Council or any agent acting on behalf of the25
Legislative Council; and 26
(7)(a) Security purpose means the prevention or investigation of any27
safety concern or criminal activity; and 28
(b) Security purpose includes: 29
(i) Assisting a law enforcement investigation, protecting property30
from trespass, controlling access to property, or protecting any person31
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from harm, including stalking, violence, or harassment; and1
(ii) Enforcement through any photograph, video recording, drug test,2
or identification method. 3
Sec. 4. Any private entity or public entity shall not require or4
coerce any individual to be subject to any implantable device.5
Sec. 5. Except for biometric data collected or possessed for a6
security purpose, a private entity shall not require or coerce any7
individual to wear or be subject to a device of any kind that collects8
biometric data. 9
Sec. 6. Nothing in the Biometric Autonomy Liberty Law shall be10
construed to: 11
(1) Impact the admission or discovery of biometric data in any legal12
action of any kind in any court or before any private entity or public13
entity; 14
(2) Conflict with: 15
(a) The Data Privacy Act; 16
(b) The Genetic Information Privacy Act; 17
(c) Sections 71-8401 to 71-8407; or 18
(d) The federal Health Insurance Portability and Accountability Act19
of 1996 and the rules and regulations adopted under such act;20
(3) Apply to emergency medical care that is covered by the Emergency21
Medical Services Practice Act; 22
(4) Apply to facial recognition technology used by the Department of23
Motor Vehicles for fraud detection; 24
(5) Apply to personal data regulated by the federal Family25
Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, as such act26
existed on January 1, 2026; or 27
(6) Apply to a financial institution, an affiliate of a financial28
institution, or data subject to Title V of the Gramm-Leach-Bliley Act, 1529
U.S.C. 6801 et seq., as such title existed on January 1, 2026.30
Sec. 7. The Biometric Autonomy Liberty Law shall not apply to any31
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information collected, used, or stored for health care treatment,1
payment, or operations, including protected health information, under the2
federal Health Insurance Portability and Accountability Act of 1996 and3
the rules and regulations adopted under such act. 4
Sec. 8. This act becomes operative on January 1, 2027.5
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