A group of House Democrats reintroduced legislation late last week that aims to limit the ability of law enforcement agencies to use facial recognition technologies.
Reps. Ted Lieu, D-Calif., Sheila Jackson Lee, D-Texas, Yvette Clarke, D-N.Y., Jimmy Gomez, D-Calif., Glenn Ivey, D-Md., and Marc Veasey, D-Texas, introduced the Facial Recognition Act on Oct. 27. The bill would limit the use of facial recognition technology by requiring law enforcement to obtain a warrant that shows probable cause that a violent felony was committed.
“Facial recognition technology offers both great promise and peril, and if unrestrained, can be misused as a tool of invasive, intrusive surveillance that enacts racial profiling, infringes on personal privacy, and persecutes people exercising their Constitutionally protected rights,” Rep. Jackson Lee said in a press release.
“By establishing safeguards on when and how this technology can be used by law enforcement, and establishing requirements for transparency and accountability when the technology is used, our legislation will provide the framework for use of this tool in a way that harnesses its power while protecting people from harms that could result from its limitations and flaws,” she said.
The legislation also would require law enforcement agencies to regularly audit their facial recognition technology systems. Their use of the technology would be suspended if they were to fail one of those audits.
Additionally, the bill would require that databases be purged every six months of photos of individuals under the age of 18, along with photos of those who were released without charge, who had charges dismissed, or who were acquitted of the charged offense.
“I’m pleased to work with Ranking Member Jackson Lee and Representatives Clarke, Gomez, Ivey and Veasey to re-introduce this bill to rein in law enforcement’s use of facial recognition technology,” said Rep. Lieu. “Our bill puts forth sensible guardrails that will protect the privacy of Americans against a flawed, unregulated, and at-times discriminatory technology.”
The bill has also gained support from civil liberties groups and nonprofits, including the Center for Democracy and Technology, the Project On Government Oversight, and the Project for Privacy and Surveillance Accountability, among others.
“The Center For Democracy and Technology is proud to support the Facial Recognition Act, which provides a broad and bold set of safeguards,” said Jake Laperruque, deputy director of the Security and Surveillance Project, Center for Democracy and Technology. “Facial recognition is dangerous when it doesn’t work well, and dangerous in a different way when it does; this bill takes on both risks, and provides thoughtful, effective remedies.”
House Democrats first introduced the bill last fall, but it failed to reach the House floor.
