Biometric Information Privacy Act

Biometric Information Privacy Act - Establishes an offense that subjects business entities (including organizations, trusts, and nonprofits), government entities, and people to penalties for knowingly: (1) obtaining in a fraudulent manner personal physiological biometric information relating to an individual, or (2) disclosing such information without permission from the individuals to whom the information pertains.

Defines "personal physiological biometric information" as genetic information, finger prints, palm prints, hand geometry, iris scans, retina scans, and eye vein scans.

Sets forth the following penalties to apply to such offenses:

• a fine of up to $50,000, imprisonment for up to 1 year, or both;
• if the offense is committed under false pretenses, a fine of up to $100,000, imprisonment for up to 5 years, or both; and
• if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, a fine of up to $250,000, imprisonment for up to 10 years, or both.

Permits a governmental entity to obtain such personal information pursuant to a court order only if, in the court proceeding relevant to such order: (1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case, and (2) the subject of the information is afforded the opportunity to appear and contest such entity's claim.

Requires the Attorney General (DOJ) to enforce violations of this Act.