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Code · BILL · 117th Congress · H.R. 9061 (Introduced in House) — To regulate law enforcement use of facial recognition technology, and for other purposes. · Sec. 102

Sec. 102. Civil rights and civil liberties

269 words·~1 min read·/bill/117/hr/9061/ih/section-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

An investigative or law enforcement officer may not— use facial recognition to create a record describing how any individual exercises rights guaranteed by the Constitution, including free assembly, association, and speech; rely on actual or perceived race, ethnicity, national origin, religion, disability, gender, gender identity, or sexual orientation in selecting which person to subject to facial recognition, except when there is trustworthy information, relevant to the locality and time frame, in the context of a particular area and for a particular period of time, that links a person with a particular characteristic described in this subsection to an identified criminal incident or scheme; or use facial recognition to enforce the immigration laws of the United States or share facial recognition data with other agencies for the purposes of enforcing the immigration laws of the United States.
Any investigative or law enforcement officer may not use or request facial recognition in conjunction with any image obtained from a body camera worn by that or any other officer, dashboard camera, or any aircraft camera, including a drone. Any investigative or law enforcement officer may not use or request facial recognition for the purpose of face surveillance. A facial recognition match may not be the sole basis upon which probable cause is established for a search, arrest, or other law enforcement action.
Any investigative and law enforcement officers using information obtained from the use of facial recognition shall examine results with care and consider the possibility that matches could be inaccurate. An investigative or law enforcement office may not use facial recognition in conjunction with a database that contains illegitimately obtained information.
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