Revision: Dec. 12, 2019, 11:32 a.m.
HB 1642-FN - AS INTRODUCED
2020 SESSION
20-2070
04/03
HOUSE BILL 1642-FN
AN ACT prohibiting the state or a state official from using a facial surveillance system.
SPONSORS: Rep. Hopper, Hills. 2; Rep. Burt, Hills. 39; Rep. Ward, Rock. 28; Rep. Warden, Hills. 15; Rep. Cushing, Rock. 21; Rep. Welch, Rock. 13; Rep. Conley, Straf. 13; Rep. Abramson, Rock. 20
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill prohibits the use of face surveillance and face recognition systems.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2070
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT prohibiting the state or a state official from using a facial surveillance system.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Breaches of the Peace; Face Surveillance Prohibited. Amend RSA 644 by inserting after section 22 the following new subdivision:
Face Surveillance Prohibited
644:23 Definitions. In this subdivision:
I. "Face surveillance" means an automated or semi-automated process that assists in identifying an individual or capturing information about an individual, based on the physical characteristics of an individual's face.
II. "Face surveillance system" means any computer software or application that performs face surveillance.
III. "State" means any department, agency, bureau, or administrative unit of the state of New Hampshire, including any city, town, or municipal entity therein.
IV. "State official" shall mean any person or entity acting on behalf of the state of New Hampshire as defined in paragraph III, including any officer, employee, agent, contractor, subcontractor, or vendor.
644:24 Face Surveillance Prohibited. Neither the state nor any state official shall obtain, retain, access, or use any face surveillance system or any information obtained from a face surveillance system.
644:25 Evidence Inadmissible.
I. Any data or information collected or derived from any use of face surveillance in violation of this subdivision shall be inadmissible in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority subject to the jurisdiction of the state of New Hampshire.
II. Any evidence derived from data or information collected from any use of face surveillance in violation of this subdivision shall be inadmissible in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer,
agency, regulatory body, legislative committee, or other authority subject to the jurisdiction of the state of New Hampshire.
III. Data or information collected using face surveillance or derived from such data or information in violation of this subdivision shall be considered unlawfully obtained, and shall be deleted from any document in possession of the state or in any court file or filing upon discovery.
644:26 Private Cause of Action.
I. Any person aggrieved by a violation of this subdivision may file for injunctive relief, declaratory relief, or writ of mandamus in any court of competent jurisdiction to enforce this subdivision. An action instituted under this section shall be brought against the respective department of the state of New Hampshire or any other governmental agency with possession, custody, or control of data or information subject to this subdivision, if necessary to effectuate compliance with this subdivision.
II. Any person who has been subjected to face recognition in violation of this subdivision, or about whom information has been obtained, retained, accessed, or used in violation of this subdivision, may file an action in any court of competent jurisdiction against the state and shall be entitled to recover actual damages, but not less than liquidated damages of $1,000 or $100 for each violation, whichever is greater.
III. A court shall award costs and reasonable attorneys' fees to a plaintiff who is the prevailing party in an action brought under this section.
644:27 Consequences. A violation of this subdivision by a state employee shall result in consequences that may include retraining, suspension, or termination, subject to due process requirements.
2 Effective Date. This act shall take effect 60 days after its passage.
20-2070
12/11/19
HB 1642-FN- FISCAL NOTE
AS INTRODUCED
AN ACT prohibiting the state or a state official from using a facial surveillance system.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
COUNTY: |
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|
|
|
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
LOCAL: |
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|
|
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
The Judicial Branch was originally contacted on October 15, 2019 for a fiscal note worksheet, which they have not provided as of December 11, 2019.
METHODOLOGY:
This bill prohibits state or municipal officials from obtaining or using any face surveillance system or any information received from such a system. Data collected from such a system shall be inadmissible in any judicial proceeding and violations of this provision will create a private cause of action against the government entity using such information.
The Department of Justice indicates the bill will have little to no impact on the current caseload prosecutions of the Attorney General's Office. However, any possible increase in civil litigation against the state is unknown, and the Department is unable to determine what, if any fiscal impact may result from defending the state from such claims.
The Departments of Administrative Services and Safety indicated they do not use such systems presently.
It is assumed this bill will not take effect until FY 2021.
AGENCIES CONTACTED:
Departments of Justice, Administrative Services and Safety, and Judicial Branch