Law / United States / 
North Carolina
Parents' Bill of Rights: parental consent before a child's biometric scan is created, shared, or stored
In force since .
A biometric privacy rule binding public and private bodies.
- Obligation class
- Biometric, Consent
- Audit expectation
- none
What it requires
- Obtain the prior written consent of a child's parent before you create, share, or store a biometric scan of a child under 18, unless the information is stored within the United States and the scan is authorized by a court order, is otherwise required by law, occurs in a place open to the public in which there is no expectation of privacy, or is used solely for security or surveillance of buildings, grounds, or school transportation (G.S. 114A-10(7)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The subdivision lets a parent prohibit the creation, sharing, or storage of a biometric scan of the parent's child without the parent's prior written consent, so whoever creates, shares, or stores the scan holds that written consent. It names no log contents, no retention period, no audit and no reader of a record.
- Kind
- Implicit
- As of
- Provision
- 114A-10(7) (a child's biometric scan rests on the parent's prior written consent)
- Trigger
- consent_or_optout
What this law does
Section 114A-10 of the General Statutes, the Parents' Bill of Rights, gives a parent the right to prohibit the creation, sharing, or storage of a biometric scan of the parent's child without the parent's prior written consent. A child is a person less than 18 years of age who has not been emancipated.
The consent requirement does not apply to information stored within the United States when the scan is authorized by a court order, when it is otherwise required by law, when it occurs in a place open to the public, whether publicly or privately owned, in which there is no expectation of privacy, or when it is used solely for security or surveillance of buildings, grounds, or school transportation.
Subdivision (7) does not confine the right to a scan made by the State, while subdivision (9) confines the parallel right over a video or voice recording of a child to a recording the State creates. Chapter 114A states no penalty for a violation of subdivision (7); the sanction it does name, in section 114A-20, is disciplinary action against an employee of the State who encourages or coerces a child to withhold information from a parent.
Session Law 2023-106 enacted the section, and section 7.81 of Session Law 2023-134 rewrote the exceptions in subdivision (7) effective . Session Law 2023-106 became law notwithstanding the objections of the Governor on .
When LexLint raises it
When your app profile says your app processes biometric data, processes personal data or serves under-18s.
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