Facial recognition cameras: official records and the law in each state

A state or local law enforcement agency may not use facial recognition technology match results as the sole basis to establish probable cause in a criminal investigation or to make an arrest.

Section 2(a), House Judiciary Committee substitute for SB56 (217323-2), Alabama Legislature site

A LAW ENFORCEMENT AGENCY SHALL NOT USE THE RESULTS OF A FACIAL RECOGNITION SERVICE AS THE SOLE BASIS TO ESTABLISH PROBABLE CAUSE IN A CRIMINAL INVESTIGATION.

§ 24-18-307(4), SB 22-113 as signed (capitals as printed)

The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing a driver's license or permit to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws.

625 ILCS 5/6-110.1(b)

Except as provided in paragraphs B and D, a department, public employee or public official may not: (1) Obtain, retain, possess, access, request or use a facial surveillance system or information derived from a search of a facial surveillance system;

25 M.R.S. § 6001(2)(A)

Subject to subparagraph (ii) of this paragraph, results generated by facial recognition technology may not serve as the sole basis to establish probable cause or the positive identification of an individual in a criminal investigation or proceeding.

Crim. Proc. § 2-502(b)(2)(i)

Any law enforcement agency performing or requesting a facial recognition search using facial recognition technology shall only do so through a written request submitted to the registrar of motor vehicles, the department of state police or the Federal Bureau of Investigation.

G.L. c. 6, § 220(b)

A law enforcement agency must not deploy a UAV with facial recognition or other biometric-matching technology unless expressly authorized by a warrant.

§ 626.19, subd. 4(b)

Except as provided in subsection (5), a law enforcement agency shall obtain a warrant prior to performing a search using facial recognition technology under subsection (2).

MCA 44-15-106(3)

Except as authorized in this section, no person, including without limitation officers and their supervisors, shall edit, alter, erase, delete, duplicate, copy, subject to automated analysis or analytics of any kind, including but not limited to facial recognition technology, share, display, or otherwise distribute in any manner any BWC recordings or portions thereof.

RSA 105-D:2, XII

The Court disagrees with a mechanical application of Arteaga to all cases involving FRT; a defendant’s entitlement varies depending on the specifics of the case. Here, the State must produce: (1) discovery identifying the FRT tools and materials the State used in its investigation; and (2) discovery related to how the State utilized those FRT tools and materials to prosecute defendant.

State v. Miles (A-41-24), syllabus, HELD paragraph (the syllabus is not part of the Court’s opinion)

A prohibition on the use of facial recognition or other biometric matching technology to analyze recordings obtained through the use of the camera.

ORS 133.741(1), a required policy term (item D)

A governmental entity may not develop or deploy an artificial intelligence system for the purpose of uniquely identifying a specific individual using biometric data or the targeted or untargeted gathering of images or other media from the Internet or any other publicly available source without the individual's consent, if the gathering would infringe on any right of the individual under the United States Constitution, the Texas Constitution, or state or federal law.

§ 552.054(b), HB 149 enrolled text (Texas Legislature Online)

Except as provided in Subsection (2), a government entity may not obtain biometric surveillance information without: (a) a search warrant; and

Utah Code 77-23d-106(1), SB 231 (2024) enrolled

Until the use of facial recognition technology by law enforcement officers is authorized by an enactment of the General Assembly, a law enforcement officer shall not use facial recognition technology or information acquired through the use of facial recognition technology unless the use would be permitted with respect to drones under 20 V.S.A. § 4622 (law enforcement use of drones).

2020 Act 166, Sec. 14(a)

No local law-enforcement agency shall purchase or deploy facial recognition technology unless such purchase or deployment of facial recognition technology is expressly authorized by statute.

§ 15.2-1723.2(B), version effective July 1, 2026

A state or local government agency may not use a facial recognition service to engage in ongoing surveillance, conduct real-time or near real-time identification, or start persistent tracking unless: (a) A warrant is obtained authorizing the use of the service for those purposes; (b) Exigent circumstances exist; or (c) A court order is obtained authorizing the use of the service for the sole purpose of locating or identifying a missing person, or identifying a deceased person.

RCW 43.386.080(1)

Adopt An Ordinance Amending Oakland Municipal Code Chapter 9.64 To Prohibit The City Of Oakland From Acquiring And/Or Using Face Recognition Technology

Legistar title, File 18-1891

it shall be a violation of this Ordinance for the City Manager or any person acting on the City Manager’s behalf to obtain, retain, request, access, or use: i) any Face Recognition Technology; or ii) any information obtained from Face Recognition Technology

Ordinance text attached to council item 24, Oct 15, 2019

It shall be unlawful for Boston or any Boston official to: a. obtain, retain, possess, access, or use (i) any face surveillance system, or (ii) information derived from a face surveillance system;

Ordinance text, Boston City Council face surveillance ban (city PDF)

This Ordinance prohibits the use of Face Recognition Technologies by all City of Portland bureaus.

Impact statement for Ordinance 190113 (city eFiles)

Except as provided in the Exceptions section below, a Private Entity shall not use Face Recognition Technologies in Places of Public Accommodation within the boundaries of the City of Portland.

Portland City Code 34.10.030

It shall be unlawful for any King County administrative office or executive department to: a. obtain, retain, possess, access or use: (1) any facial recognition technology; or (2) any facial recognition information;

Ordinance 19296, Section 3.A.1 (signature report)

The Department of Public Safety shall not obtain, retain, access, or use Facial Recognition Technology or Predictive Policing Technology, or make use of information collected, captured, recorded, retained, processed, intercepted, analyzed, derived, or effected through the use of Select Surveillance Technology by another entity without the approval of City Council, or unless permitted through the stipulations of this Ordinance.

Ordinance text on Legistar, File 2020-0647

(ii) Photographs. DHS may require an alien seeking admission to be photographed to determine the alien's identity or for other lawful purposes.

8 CFR 235.1(f)(1)(ii) as revised, regulatory text in the final rule (GPO govinfo)

U.S. citizens who do not wish to submit to facial photo capture pursuant to these processes may request alternative processing, which typically involves a manual review of their travel documents by a CBP Officer.

CBP, Biometrics: Privacy Policy

No. Facial comparison technology is voluntary. Tell a TSA officer if you do not wish to participate. The officer will use the standard ID verification process.

TSA, Biometrics Technology, FAQ 'Am I required to be processed by the biometric technology tested at an airport checkpoint?'

(h) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purposes of law enforcement, unless and in so far as such use is strictly necessary for one of the following objectives:

Art. 5(1)(h), OJ L, 12.7.2024

each use for the purposes of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or an independent administrative authority whose decision is binding of the Member State in which the use is to take place

Art. 5(3)

Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be prohibited.

GDPR Art. 9(1)

biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be allowed only where strictly necessary, subject to appropriate safeguards for the rights and freedoms of the data subject, and only: (a) where authorised by Union or Member State law

LED Art. 10

The Respondent’s use of Live Automated Facial Recognition technology on 21 December 2017 and 27 March 2018 and on an ongoing basis, which engaged Article 8(1) of the European Convention on Human Rights, was not in accordance with the law for the purposes of Article 8(2).

Declaration 1), judgment PDF on judiciary.uk

Although there is a legal basis for police use of facial recognition, the current legal framework is complicated, inflexible and difficult to understand, which in turn limits the extent to which facial recognition and similar technologies can be confidently rolled out.

Home Office, Police use of facial recognition: factsheet (gov.uk)

Now, in our investigation of the RCMP, we found that Canada’s national police force contravened the Privacy Act, which applies to federal government institutions, when it collected personal information from Clearview AI.

OPC special report to Parliament, June 10, 2021

FIS is the only kind of 1:many matching service that is permitted under this Act.

s 16, Note 2 (as made)

在公共场所安装图像采集、个人身份识别设备，应当为维护公共安全所必需，遵守国家有关规定，并设置显著的提示标识。所收集的个人图像、身份识别信息只能用于维护公共安全的目的，不得用于其他目的；取得个人单独同意的除外。

PIPL Art. 26 (NPC text)

在公共场所安装人脸识别设备，应当为维护公共安全所必需，依法合理确定人脸信息采集区域，并设置显著提示标识。

Art. 13 (CAC text)