Texas Capture Or Use Of Biometric Identifier Act

Capture Or Use Of Biometric Identifier (“Cubi”):[1] CUBI prohibits a person from capturing an individual’s biometric identifiers (retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry) for a commercial purpose unless that person informs the individual and obtains the individual’s consent prior to the capture. With certain exceptions, CUBI also restricts the sale, lease, or disclosure of biometric identifiers and requires that a captured biometric identifier be destroyed within a reasonable timeframe.

Read the full text of the Act.    

Overview Of Capture Or Use Of Biometric Identifier (“Cubi”)

This overview is for informational purposes only and is not legal advice. Please consult your attorney if you have specific legal questions. Texas law prohibits the Office of the Attorney General from providing legal advice, opinions, or representation to private individuals.

Persons And Businesses Who Capture Biometric Identifiers For A Commercial Purpose Or Who Possess These Identifiers Must Do The Following: 

  • Provide notice and obtain the consent of an individual prior to capturing the individual’s biometric identifier (retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry);
  • Not sell, lease, or otherwise disclose the individual’s biometric identifier, except where the disclosure is to: 
  • Law enforcement in response to a warrant;
  • Complete a financial transaction;
  • Identify an individual in the event of the individual’s disappearance or death if the individual consents.        
  • Protect the biometric identifiers from disclosure by using reasonable care in maintaining and transmitting the information;
  • Destroy the biometric identifiers within a reasonable time following capture but no later than one year after the purpose of its collection has expired unless an exception applies.

Definition Of Biometric Identifier: a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry.

Enforcement:

  • The Texas Attorney General has exclusive authority to enforce CUBI and may obtain relief including civil penalties of up to $25,000 per violation. 

File a complaint regarding CUBI with the Texas Attorney General.

[1] Tex. Bus. & Com. Code Ann. § 503.001 et seq.