Are there any laws governing the use of facial recognition software for law enforcement or public surveillance?

Yes, there are laws governing the use of facial recognition software for law enforcement and public surveillance in Texas. Texas passed House Bill 420 which became effective on September 1, 2019. The bill restricts law enforcement and government entities in Texas from using facial recognition technology for the “sole purpose of seeking to identify the individual to whom the captured biometric identifier belongs” unless certain conditions are met. These conditions include requiring a governmental entity to adopt written policies for the use of the technology, limiting the time period for which the biometric information is held, and stipulating that the use of such technology must serve a legitimate law enforcement purpose. In addition, the bill requires the Texas Department of Information Resources to develop best practices for the use of facial recognition technology. These best practices must include procedures for ensuring accuracy, guaranteeing privacy, protecting against malicious use, and ensuring compliance with any applicable laws. Furthermore, HB 420 also requires law enforcement and government entities to publicly disclose any use of facial recognition technology. This disclosure must include any purchase or lease of facial recognition technology, as well as any policy related to its use, and must be made available to the public. Overall, the law seeks to create a balance between protecting individuals’ privacy while still allowing law enforcement and government entities to make use of new technologies.

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Are there any laws governing the use of facial recognition software for law enforcement or public surveillance?

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