California 2019-2020 Regular Session

California Assembly Bill AB2261

Introduced
2/14/20  
Introduced
2/14/20  
Refer
2/27/20  
Report Pass
5/11/20  
Report Pass
5/11/20  
Refer
5/13/20  

Caption

Facial recognition technology.

Impact

The bill significantly impacts existing California privacy laws, especially in light of the California Consumer Privacy Act of 2018 (CCPA). It compels agencies using facial recognition technology to produce annual accountability reports, ensure meaningful human review for any decisions made based on such technology, and implement training programs for personnel involved in operating these systems. Additionally, it grants individuals the right to confirm if their facial data has been recorded, challenge decisions based on this data, and request deletion under specified circumstances. The bill's structure aims to enhance oversight and accountability in the use of facial recognition technology.

Summary

Assembly Bill 2261, introduced by Assembly Member Chau, aims to regulate the use of facial recognition technology by state and local agencies and private entities. This legislation seeks to establish legal frameworks to ensure that facial recognition systems are used ethically and transparently, considering potential risks to individual privacy and civil liberties. Specifically, the bill mandates that entities utilizing this technology must provide conspicuous notices when deploying facial recognition services in public spaces and obtain consent from individuals before capturing their facial templates, with exceptions only for security purposes.

Sentiment

The sentiment surrounding AB 2261 is largely positive among advocates for privacy and civil liberties, who see it as a necessary step to balance technological advancement with the protection of individual rights. Proponents argue that the legislation could mitigate potential misuse of facial recognition systems and protect marginalized communities from discriminatory practices. However, there is some contention regarding the practical implications of implementation, particularly the requirements placed on local agencies and the potential for bureaucratic hurdles.

Contention

Notable points of contention include the debate over the effectiveness and practicality of the proposed regulations, particularly regarding consent requirements and the burden of accountability reporting on local agencies. Critics may argue that the added requirements could slow the deployment of technology that can enhance public safety, while supporters emphasize the essential need for safeguards against misuse. Ultimately, the bill reflects ongoing tensions between innovation in technology and the imperative to protect personal privacy and civil rights.

Companion Bills

No companion bills found.

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