DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 662 Original 2020 Regular Session Jordan
Abstract: Regulates the use of facial recognition software.
Proposed law defines the following terms: "controller", "facial recognition", and "processor".
Proposed law requires controllers to employ meaningful human review before making final decisions
when using facial recognition for profiling where those final decisions produce legal or other
significant effects concerning consumers, including but not limited to denial of consequential service
or support for the following: financial and lending services, housing, insurance, education
enrollment, criminal justice, employment opportunities, and health care services.
Proposed law requires processors providing facial recognition services to provide documentation
supplying general information explaining what the technology is capable of in plain terms for
consumer understanding.
Proposed law requires processors providing facial recognition services to prohibit controllers from
unlawfully using the services to discriminate against consumers in violation of federal or state law.
Controllers are required, pursuant to proposed law, to get consent from a consumer before deploying
facial recognition services. Further, proposed law allows consent to the use of facial recognition
services to be obtained by placing notice prominently on the premises or online.
Proposed law requires commercial providers, who make their facial recognition technology available
to developers and customers for their own use, to extend to third parties engaged in legitimate
testing, an application programing interface of the provider's choosing to allow the third parties to
conduct reasonable tests on the facial recognition service for accuracy and unfair bias.
Proposed law prohibits state and local government agencies from using facial recognition technology
for ongoing surveillance of specific individuals who are in public spaces except when used to
support law enforcement activities and either: (1) a court order permitting the use of facial
recognition services has been obtained or (2) a person is in imminent risk of death or physical injury.
(Adds R.S. 45:844.91)