Maryland Assembly Passes Stringent FRT Rules

The Maryland General Assembly has passed what some are calling the nation’s strictest facial recognition regulations to date. The new legislation, soon to be reviewed by Governor Wes Moore, is slated to take effect from October 1, 2024.

The bills, SB182 and HB338, unanimously approved by lawmakers, delineate precise circumstances under which law enforcement can deploy facial recognition technology. This development places Maryland at the forefront of a growing number of states seeking to curtail the controversial use of this technology.

Key Provisions

Under the new regulations, law enforcement use of facial recognition is confined to investigating specific types of crimes. These include violent crimes, human trafficking, child abuse, child pornography, hate crimes, certain weapons offenses, and crimes posing significant ongoing threats to public safety or national security.

The law also introduces several significant prohibitions:

• It bars the use of facial recognition on images or recordings of individuals participating in protected activities such as protests, unless there is reasonable suspicion of criminal activity.
• The use of facial recognition technology based on sketches or other manually produced images is prohibited.
• Real-time identification through facial recognition is banned.

The scope of permissible image comparisons is also tightly controlled. Law enforcement may only compare images with existing government-held databases, such as those containing driver’s licenses and mugshots, including international law enforcement databases.

Implications for Criminal Proceedings

The legislation further regulates the role of facial recognition in judicial processes. Notably, facial recognition matches cannot serve as the sole evidence to establish probable cause in criminal proceedings. Such evidence can only be used during preliminary hearings or in the issuance of an arrest warrant if corroborated by additional, independent evidence.

Full disclosure requirements are also established, mandating that the use of facial recognition technology be disclosed during criminal investigations and that all resultant matches be revealed during the judicial discovery phase.

The Maryland Department of Public Safety and Correctional Services is tasked with administering a comprehensive training program for law enforcement on the responsible use of facial recognition technology by June 2026. All law enforcement agencies employing this technology must annually publish a detailed report outlining its usage.

Context and Comparison

Maryland’s new rules follow similar legislative trends in other states like Vermont and Massachusetts, though with arguably stricter provisions. For instance, Massachusetts law requires police to obtain a warrant before using the technology and has established a commission to oversee and recommend further regulations.

As digital rights and privacy concerns continue to intersect with advances in technology, Maryland’s legislation represents a pivotal step towards balancing law enforcement capabilities with civil liberties. This legislative move may set a precedent, prompting other states to reconsider and potentially tighten their own regulations concerning the deployment of facial recognition technology.

Source: StateScoop

–

April 18, 2024 – by Cass Kennedy