Guide to State & Local Laws on Facial Recognition Technology

A Reference Guide to U.S. State and Local Laws on Facial Recognition Technology and Related Legislative Trends

Welcome to the first edition of the Security Industry Association (SIA) Guide to State and Local Laws on Facial Recognition Technology for SIA members!

As of this writing, 13 states and 23 local jurisdictions have laws specifically addressing facial recognition technology. It can be challenging to navigate this legal landscape, as all such laws are relatively new and untested. Some are also very complex. It is imperative that any business supplying and any commercial or government entity using facial recognition technology products in a jurisdiction where such laws apply should consult an attorney to ensure compliance; however, it is hoped that this guide can serve as a starting point regarding the requirements and provide additional policy perspectives that could assist with informed compliance efforts.

The Importance of Facial Recognition Technology

Advances in computing power and capabilities thanks to artificial intelligence, combined with rapid improvements in the quality of photo and video technology in the last 15 years, have allowed facial recognition technology to develop and mature. Simply put, facial recognition software compares and matches facial images. This is done using an algorithm to compare a presented image with one or more “enrolled” images, after the images are converted to unique numerical versions readable by that specific system and compared for similarity.

Facial recognition has three primary functions, with differing outputs.

Verification: Verifying a person matches an enrolled image associated with their identity
Output: An automated yes/no decision to authenticate

Identification: Determining that an image matches one or more images enrolled in a database
Output: Either an automated yes/no decision of some kind or flagging a likely match or non-match for further human review

Investigation: Helping determine whether a matching image is in a database for an investigative purpose
Output: A series of images from a database with the highest similarity scores are provided for review

These functions have proven to be incredibly useful across many types of applications. The purposes can be vastly different from one another, presenting application-specific implementation considerations – from verifying an identity in a remote online transaction to physically opening a door for an authorized person to helping law enforcement investigators narrow down a set of possible matching photos.

This technology is particularly important to the security field because it enhances capabilities of solutions like video security, access control and identity management systems that help end users secure their facilities, employees and patrons against the threat of violence, theft or other harm.

The use of facial recognition technology has benefited our society in countless but underpublicized ways – helping law enforcement find missing children, fight human trafficking, find dangerous criminals and bring sexual predators to justice. Other benefits extend to everyday life, as the technology allows an individual to conveniently and securely prove their identity to enter a venue, board a plane, perform online transactions and seamlessly access personalized experiences.

At the same time, public concerns have surfaced over whether the technology is accurate or could be used in ways that raise privacy and civil liberties concerns. As a result, there is a clear need to bolster public trust, in particular that law enforcement agencies are leveraging accurate facial recognition software tools in a lawful, effective and nondiscriminatory manner that benefits all of our residents and communities. It is critical to address these concerns, which have prompted most legislation that has been enacted regarding facial recognition.

This guide for SIA members covers:

• Key legislative trends
• State laws that restrict or place conditions on the use of facial recognition technology by government entities, as well as state laws that only restrict or condition use by law enforcement agencies
• Trends in local laws
• Local laws that restrict or condition the use of facial recognition technology by local government entities, as well as local laws that only restrict or condition use by law enforcement agencies
• Additional unique state and local laws on facial recognition

Access the Guide
This report (in PDF download format) is free for SIA members.

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