15. Biometric data (e.g., fingerprints)

There are no cases addressing access under the CPRA to biometric data. It is likely that such data is subject to the discretionary withholding provisions of Section 7923.600 as an investigatory record.

Not specifically addressed.

The Act has no special exception for biometric data.

Exempt from disclosure.  See generally Iowa Code § 22.7(5); Iowa Code § 692A.121.

Access to biometric data is controlled by the Intelligence and Investigative Record Information Act. 16 M.R.S.A. §§ 801-809.

Executive Order 69 (Whitman 1997) provides that fingerprint cards, plates and photographs and similar criminal investigation records that are required to be made, maintained or kept by any State or local government agency are exempt from disclosure under OPRA.

There are no reported cases on this issue.

Not specifically addressed.

Vermont maintains a state DNA data bank which includes DNA samples of all persons convicted of a felony or other specified crimes.  See 20 V.S.A. § 1931 et seq.  All samples collected are confidential, see 20 V.S.A. § 1941, and thus exempt from disclosure under the Public Records Act.  1 V.S.A. § 317(c)(1).

See discussion of criminal investigative files.

Biometric data is available for inspection, subject to the balancing test.