USA: Bill on Facial Recognition introduced to House of Representatives
Congressman, Ted Lieu, announced on 29 September 2022 that he along with congresswoman Sheila Jackson Lee, Congresswoman Yvette Clarke, and Congressman Jimmy Gomez introduced the Facial Recognition Act of 2022 to the U.S. House of Representatives. In particular, Lieu explained that the bill aims to place strong limits and prohibitions on law enforcement's use of facial recognition technology ('FRT'), noting that robust safeguards that provide transparency to the American people, prevent discriminatory algorithms, ensure defendants are protected with due process rights, and limit the use of the technology to only necessary cases, are needed.
More specifically, Lieu noted that the bill, among other things:
- limits law enforcement use of FRT to situations when a warrant is obtained that shows probable cause that an individual committed a serious violent felony;
- prohibits law enforcement from using FRT to create a record documenting how an individual expresses rights guaranteed by the Constitution;
- prohibits an FRT match from being the sole basis upon which probable cause can be established for a search, arrest, or other law enforcement action;
- prohibits law enforcement use of FRT to enforce immigration laws;
- bans the use of FRT in conjunction with databases that contain illegitimately obtained information and body cameras, dashboard cameras, and aircraft cameras; and
- bans the use of FRT to track individuals with live or stored video footage.
Furthermore, Lieu emphasised that nothing in the bill pre-empts state or local governments from FRT bans or moratoriums.