Sec. 107. Enforcement
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/bill/118/hr/6092/ih/section-107·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In the case that the use of facial recognition has occurred, no results from the use and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the use of facial recognition violated this Act or if the use was conducted in an emergency under section 101 and the officer or agency did not subsequently obtain an order for that use as required under such section.
If a court or law enforcement agency determines that an investigative or law enforcement officer has violated any provision of this Act, and the court or agency finds that the circumstances surrounding the violation raise serious questions about whether or not the officer acted intentionally with respect to the violation, the agency shall promptly initiate a proceeding to determine whether disciplinary action against the officer is warranted. Any person who is subject to identification or attempted identification through facial recognition in violation of this Act may bring a civil action in the appropriate court to recover such relief as may be appropriate from the investigative or law enforcement officer or the State or Federal law enforcement agency which engaged in that violation.
In an action under this subsection, appropriate relief includes— such preliminary and other equitable or declaratory relief as may be appropriate; damages under paragraph
(3)and punitive damages in appropriate cases; and a reasonable attorney’s fee and other litigation costs reasonably incurred. The court may assess as damages whichever is the greater of— any profits made with respect to the violation suffered by the plaintiff; or $50,000 for each violation. A good faith reliance on— a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; or a good faith determination that section 101 permitted the conduct complained of, is a complete defense against any civil action brought under this Act. A civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation. An individual may bring a civil action when use of facial recognition or face surveillance by a law enforcement agency, or any technological element, criteria, method, or design feature thereof acting individually or in concert, results in disparate treatment or adverse impact against an individual or class of individuals on the basis of race, ethnicity, gender, or age.