Changes to facial recognition legislation require suspension of existing programs

A controversial facial recognition bill continues to advance through the Legislature.

SB 6280 advanced out of the House Innovation, Technology & Economic Development Committee with significant changes recommended. In addition to duplicative reporting requirements, the legislation now includes the following:

• Defines “legislative authority” as the respective city or county council, commission, or other body in which legislative powers are vested. For a state agency, "legislative authority" refers to the Legislature;
• Defines “facial recognition” service as technology that analyzes facial features and is used by a state or local government for the identification, verification, or persistent tracking of individuals in still or video images;
• Requires an agency to file a notice of intent with their legislative authority when that agency is using or intends to use, develop or procure a facial recognition service;
• Requires the legislative authority to approve the notice of intent before the agency may begin developing an accountability report;
• Specifies that an agency must produce an accountability report before developing, procuring, or using facial recognition services;
• Requires additional community consultation meetings before finalizing the accountability report;
• Requires the legislative authority adopt the final accountability report in a public meeting before an agency can begin developing, procuring, or using facial recognition services; and
• Requires an agency using a facial recognition service as of the effective date of the bill suspend its use of the service until it complies with the requirements of the bill.

AWC continues to have concerns about the duplicative reporting requirements and the suspension of existing programs.