Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4359

Introduced
2/12/24  

Caption

To implement the recommendations of the special commission on facial recognition technology

Impact

One of the primary impacts of HB 4359 is the establishment of strict guidelines and reporting requirements for the use of facial recognition technology by law enforcement agencies. It mandates regular reporting on the number of searches conducted, the race and gender of the individuals involved, and the circumstances under which searches are performed. Furthermore, it restricts the use of facial recognition technology, prohibiting its deployment for inferring emotional states or analyzing moving images. This not only enhances transparency but is also aimed at protecting citizen privacy and preventing misuse of surveillance technology.

Summary

House Bill 4359 is an act aimed at implementing the recommendations from the special commission on facial recognition technology in Massachusetts. The bill modifies Chapter 6 of the General Laws, specifically addressing how biometric surveillance technology, including facial recognition, can be employed by law enforcement and public agencies. It outlines definitions related to facial recognition technology, including 'biometric surveillance technology' and 'facial recognition search.' A key aim is to regulate the use of such technology to ensure accountability and transparency in its application, particularly concerning privacy rights of individuals.

Contention

Notable points of contention surrounding HB 4359 include concerns regarding the balance between law enforcement needs and individual privacy rights. Advocates for the bill argue that it safeguards civil liberties and holds law enforcement accountable, while critics may express apprehension about the potential overreach of surveillance technologies. The bill's strict regulations aim to mitigate these concerns, yet debates persist over how effectively it will protect privacy in practice. The legislation also requires that any facial recognition search must be documented, thus promoting a level of transparency that was previously lacking.

Additional_points

The bill sets forth that all records associated with facial recognition searches must be accessible to defendants in criminal prosecutions, which reinforces the principles of due process. This transparency ensures that individuals are aware if they are subject to such searches, thus promoting accountability among law enforcement. While it aims to enhance public trust, challenges may arise regarding the actual implementation and adherence to the prescribed regulations.

Companion Bills

MA H568

Similar To Establishing a special commission to study the effectiveness of the Massachusetts School Building Authority

MA H1728

Similar To To implement the recommendations of the special commission on facial recognition technology

MA S2659

Similar To Establishing a special commission to review the adequacy and equity of the Massachusetts school building program

MA S2885

Similar To Establishing a special commission to review the adequacy and equity of the Massachusetts school building program

MA S927

Replaces To implement the recommendations of the special commission on facial recognition technology

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.

CA AB1281

Privacy: California Consumer Privacy Act of 2018.

HI SB156

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HI HB1226

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CO SB113

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MT SB397

Generally revise laws related to privacy and facial recognition technology