77-23e-104. Department use of facial recognition system with specific images -- Restrictions.
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/ut/title-77/chapter-23e/77-23e-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/5/2021
77-23e-104. Department use of facial recognition system with specific images -- Restrictions.
(1)The department is the only government entity in the state authorized to use a facial recognition system to conduct a facial recognition comparison on an image database that is maintained by or shared with the department.
(2)The department may only use a facial recognition system:
(a)for a purpose authorized in Subsection 77-23e-103(2)(c) ; or
(b)notwithstanding Subsection 77-23e-103(2)(b) , to:
(i)compare an image taken of an applicant for a license certificate or an identification card to determine whether the applicant has submitted a fraudulent or an inaccurate application; or
(ii)provide images for a photo lineup for a purpose authorized in Subsection 77-23e-103(2)(c) .
(3)Notwithstanding Subsection 77-23e-103(2)(a)(ii) , a law enforcement agency shall submit a request to the department to use a facial recognition system on an image database maintained by the department through the Utah Criminal Justice Information System.
Enacted by Chapter 200 , 2021 General Session