Maryland 2023 Regular Session

Maryland Senate Bill SB192

Introduced
1/20/23  
Refer
1/20/23  
Report Pass
4/3/23  
Engrossed
4/4/23  
Refer
4/4/23  
Refer
4/7/23  

Caption

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

Impact

If enacted, SB192 will have a major impact on Maryland state laws as it directly regulates how law enforcement can utilize facial recognition technology in criminal investigations. Agencies will be required to develop specific policies regarding the use of FRT, including maintaining transparency by posting these policies online. They will also need to ensure accountability through regular audits of FRT usage and the establishment of annual reporting requirements. This will promote a higher level of scrutiny regarding data handling practices and protect against unauthorized exploitation of the technology.

Summary

Senate Bill 192 establishes comprehensive regulations concerning the use of facial recognition technology (FRT) by law enforcement agencies in Maryland. The bill aims to create standards for the deployment of this technology, stipulating that FRT can only be employed under strict conditions and with oversight. It seeks to balance the law enforcement's need for effective criminal investigation tools with the public's right to privacy and civil liberties. By implementing procedures, requirements, and prohibitions on FRT usage, the bill aims to mitigate potential abuses associated with surveillance technology.

Sentiment

The sentiment surrounding SB192 appears to be mixed amid concerns about surveillance overreach and the implications for civil rights. Proponents of the bill laud the necessity of oversight and regulations to protect citizens from potential privacy violations associated with FRT. Conversely, critics worry that such regulations could still allow for invasive surveillance practices if not implemented with stringent controls and public accountability. The bill reflects a growing trend among state legislatures to manage the intersection of law enforcement powers and individual rights in light of advancing technology.

Contention

Notable points of contention in the discussions around SB192 include the balance between enhancing law enforcement capabilities and safeguarding individual freedoms. Critics argue that even with regulations, the potential for abuse remains high if the technology is deployed without adequate limits on its application. Additionally, the bill restricts the application of facial recognition to specific types of crimes deemed serious, which raises questions about the efficacy and justification for its use in broader contexts. Debate continues regarding the adequacy of the outlined training and policies aimed at ensuring responsible use of such powerful technology.

Companion Bills

MD HB223

Crossfiled Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD SB762

Carry Over Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

Previously Filed As

MD HB223

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD SB182

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD HB1046

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD HB338

Criminal Procedure – Facial Recognition Technology – Requirements, Procedures, and Prohibitions

MD SB762

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD SB741

Facial recognition technology; authorized uses.

MD AB2261

Facial recognition technology.

MD SB397

Generally revise laws related to privacy and facial recognition technology

MD SB176

AN ACT relating to use of facial recognition technology.

MD HB1339

Facial recognition technology; redefines, local law enforcement and campus police to utilize.

Similar Bills

VA SB741

Facial recognition technology; authorized uses.

VA HB1339

Facial recognition technology; redefines, local law enforcement and campus police to utilize.

VA HB1339

Facial recognition technology; redefines, local law enforcement and campus police to utilize.

WV SB688

Providing for 4th Amendment Restoration Act

CA AB1281

Privacy: California Consumer Privacy Act of 2018.

NJ A5616

Requires AG to study law enforcement use of facial recognition technology and issue report with recommendations for Statewide policy.