Warrantless face-matching opposed in 2 US state capitals

Two U.S. commonwealths are acting to restrict the use by police of facial recognition without warrants.

Massachusetts and Kentucky lawmakers are working on legislation to restrain law enforcement agencies from using biometric face matching reflexively.

Kentucky could vote to ban warrantless face recognition by commonwealth and local police. And the bill would also create biometric information privacy regulations.

In Massachusetts, a joint Judiciary committee this week approved for further discussion House Bill 4359. That bill would restrict all use of facial recognition by most commonwealth law enforcement.

The commonwealth police could use facial recognition or ask for the assistance of the FBI for only five tasks.

For example, the agency would be to use facial recognition to identify an unknown person who is deceased or suspected of committing a felony. It could use it to assist the registrar of motor vehicles in its quest to identify someone.

Or in the event police have a “reasonable belief that an emergency involving immediate danger or death or serious physical injury.”

They also could perform matching for another police agency if they request it and have a warrant.

SB180, which is working through committees in Kentucky, calls for an outright ban on the use of the algorithms by any state or local government agency without a warrant. Any evidence gathered while violating the law would be inadmissible in court.

Nor could the commonwealth sell driver’s license photos to any other state or local government without a warrant.

The bill also addresses the responsibilities businesses have regarding biometric data.

They would have to get written consent and tell the subject how the data will be managed. Businesses would not be allowed to profit for collected data. And with some exceptions, biometric data could not be redisclosed. One exception would be if a warrant is produced.

These are not the only biometric privacy irons in the fire in Kentucky. There are no predictions on outcomes.

Article Topics

biometric identification  |  criminal ID  |  data privacy  |  Kentucky  |  legislation  |  Massachusetts  |  police