Maryland Takes Flexible Approach in Updated Facial Recognition Policy for Cops

Maryland has implemented a new model policy for the use of facial recognition technology by law enforcement agencies, but it has come under criticism for not including additional safeguards sought by the American Civil Liberties Union (ACLU) of Maryland.

The model, developed by the Maryland State Police, aligns closely with the state law passed earlier this year and is designed as a guideline for other police departments. However, individual agencies are free to adjust or opt-out of using the technology, raising concerns about uniformity in the protection of privacy and civil rights.

The policy functions as a minimum standard rather than a stringent guideline, allowing local agencies to impose stricter rules if they choose. For example, Montgomery County has already introduced tougher regulations on the use of facial recognition, such as a requirement to avoid using facial recognition-generated photos in suspect lineups.

Despite the policy’s intended safeguards, the ACLU of Maryland has expressed disappointment, particularly in the state’s failure to address key protections the organization had requested. The ACLU pushed for clarification that facial recognition matches could not be used as the sole basis for probable cause, restrictions on tracking individuals in video footage, and a prohibition on contracting with companies that use unconsented facial recognition databases. While a section of the policy restricts the use of databases that don’t comply with Maryland law, privacy advocates remain concerned that the guidelines fall short in protecting citizens’ rights.

Nevertheless, in comments to The Baltimore Sun, Montgomery Police Capt. Nicholas Picerno emphasized that his force does not intend to treat the technology as a silver bullet.

“We don’t treat facial recognition as a forensic science,” he said. “It’s not DNA or fingerprints. It’s a tool that allows us to get leads but the important thing is, I can’t stress that enough, we’re not making arrests based solely on facial recognition leads.”

Source: GovTech

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October 4, 2024 – by Ali Nassar-Smith