Maryland 2022 Regular Session

Maryland Senate Bill SB762

Introduced
2/7/22  

Caption

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

Impact

The legislation requires law enforcement agencies to maintain a clear policy regarding the use and management of data collected through facial recognition technology. Agencies must also ensure that any results from its use cannot serve as the sole basis for establishing probable cause in criminal proceedings. This change is significant as it emphasizes the importance of corroborating evidence and seeks to mitigate potential misuse of technology that could lead to wrongful accusations based on inadequate identification methods.

Summary

Senate Bill 762 aims to regulate the use of facial recognition technology by law enforcement agencies in Maryland. The bill establishes a set of requirements, procedures, and prohibitions for the deployment of this technology, intending to balance the benefits of advanced policing tools with the necessity of protecting individual rights. It specifically outlines the definitions of facial recognition technology, the conditions under which it may be employed, and the limits imposed on its use in criminal investigations.

Contention

Notably, the bill includes provisions to protect against potential biases inherent in facial recognition technology, such as preventing its use based on an individual's race, political beliefs, or lawful activities. These measures are a response to growing concerns regarding the ethical implications of surveillance technologies and their effects on civil liberties. However, debates may arise over the practicality and enforcement of these regulations, particularly as technology evolves.

Implementation

Additionally, the bill mandates that law enforcement agencies conduct annual audits of their facial recognition practices and submit reports on their usage, demographic disparities, and any data breaches. By increasing transparency and accountability within law enforcement operations, SB762 aims to foster public trust in how these powerful tools are managed and applied, all while addressing legitimate concerns surrounding privacy rights.

Companion Bills

MD HB1046

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

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.