united-states privacy georgia fingerprint
Is there a legal way to opt-out of submitting fingerprints for professional licensing?
<p>I am interested in taking the CPA exam. One of the requirements to take the test is have my fingerprints taken, ostensibly to verify my identity at the testing center. (<a href="https://nasba.org/blog/2008/01/20/biometrics/" rel="nofollow noreferrer">https://nasba.org/blog/2008/01/20/biometrics/</a>)</p>

<p>However, my fingerprints are then kept <em>on file</em> in a central database and will potentially be made available to the AICPA if they want to investigate me for some reason. </p>

<p>I am a private person and do not want my fingerprints remaining on file (obviously I would prefer not to submit them at all). Is there any legal precedent I can use to "opt out" of this requirement? Is this fourth amendment territory? </p>

<p>Fingerprints are required in a number of states to get a CPA license. Under California Board of Accountancy <a href="https://www.dca.ca.gov/cba/about-cba/regulations.shtml#37.5" rel="nofollow noreferrer">Regulation 37.5</a></p>

<blockquote>
  <p>A licensee applying for renewal as a certified public accountant or
  public accountant who has not previously submitted fingerprints as a
  condition of licensure or for whom an electronic record of the
  licensee's fingerprints does not exist in the Department of Justice's
  criminal offender record identification database shall successfully
  complete a state and federal level criminal offender record
  information search conducted through the Department of Justice by the
  licensee's renewal date that occurs after December 31, 2013.</p>
</blockquote>

<p>This is the implementation of the statutory requirement that the licensee be of "good moral character". You find this in Texas (<a href="http://www.tsbpa.state.tx.us/pdffiles/TSBPAACT.pdf#pagemode=bookmarks" rel="nofollow noreferrer">§901.169</a>). In Georgia, this is a consequence of <a href="https://gsba.georgia.gov/sites/gsba.georgia.gov/files/related_files/site_page/GSBA%20-%20Board%20Policies.pdf" rel="nofollow noreferrer">Board Policy 19</a>:</p>

<blockquote>
  <p>The Board designates the National Association of State Boards of
  Accountancy as its agent for the processing of applications for an
  initial license as a CPA, a reciprocal license as a CPA, and for
  reviewing applications for the initial registration of a firm for the
  practice of public accountancy.</p>
</blockquote>

<p>Georgia also has a "good moral character" requirement, <a href="http://rules.sos.ga.gov/search.aspx?sortby=&amp;search=yes&amp;searchWithin=&amp;wc=&amp;query=moral&amp;fid=0&amp;docId=39&amp;hierarchysearch=yes&amp;searchvalue=Department%2020.%20RULES%20OF%20STATE%20BOARD%20OF%20ACCOUNTANCY%20&amp;NextDoclimit=2&amp;p=1" rel="nofollow noreferrer">Rule 20-3-.08</a>, but in this case there is no state-level requirement for fingerprints. Instead, this results from the policy making NASBA the agent for the state, and NASBA's determination that they need fingerprints to ascertain the identity of the individual taking the exam.</p>

<p>To get to first base with a legal challenge, you need a reasonable legal basis, not just a dislike of having a fingerprint taken. Given that pictures and signatures are required for many things (passports, driver's license, university ID) providing some concrete evidence of who you are is not unreasonable, and since the procedure is non-invasive (not a blood test) this is not a search at all. NASBA provides ample reasons in support of using fingerprints, so without a strong argument that your constitutional rights are being over-burdened, you have no basis for a legal action. And there no existing opt-out procedure.</p>
