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Virginia: Bill for the use of facial recognition technology signed by the Governor

The Virginia Governor signed, on 11 April 2022, Senate Bill ('SB') 741 to amend the Virginia Code with respect to facial recognition technology. In particular, SB 741 authorises local law enforcement agencies, and the Department of State Police ('the Department') to use facial recognition technology for certain authorised uses as defined in the law. Furthermore, SB 741 requires, among other things, that the appropriate facial recognition technology will be determined by the Division of Purchases and Supply and that such facial recognition technology will also be evaluated by the National Institute of Standards and Technology ('NIST') and have an accuracy score of at least 98% true positives across all demographic groups.

Lastly, SB 741 directs the Department to develop a model policy regarding the investigative uses of facial recognition technology to be posted publicly no later than 1 January 2023, and requires that local law enforcement agencies that use facial recognition technology to either adopt the Department's model policy or develop an individual policy that meets or exceeds the standards set by the Department's model policy. 

You can read the bill and view its history here.