HB499 (2021) Detail

Prohibiting the state from using a face recognition system.


HB 499  - AS INTRODUCED

 

 

2021 SESSION

21-0023

04/11

 

HOUSE BILL 499

 

AN ACT prohibiting the state from using a face recognition system.

 

SPONSORS: Rep. McGuire, Merr. 29; Rep. M. Smith, Straf. 6; Rep. Berch, Ches. 1; Rep. Hopper, Hills. 2; Rep. T. Lekas, Hills. 37; Rep. Merchant, Sull. 4; Sen. Reagan, Dist 17

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill prohibits the state from using face recognition technology.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0023

04/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT prohibiting the state from using a face recognition system.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Subdivision; Breaches of the Peace; Face Recognition Technology Prohibited.  Amend RSA 644 by inserting after section 22 the following new subdivision:

Face Recognition Technology Prohibited

644:23  Definitions.  In this subdivision:

I.  "Face recognition technology" 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.  It shall not include the process by which an individual visually identifies another individual by viewing a representation of the individual on a computer, video recording, photograph, or other media.

II.  "Ongoing surveillance" means the utilization of facial recognition technology to engage in a sustained effort to track the physical movements of an identified individual through one or more public places where such movements occur over a period of time greater than 72 hours, whether in real time or through application of such technology to historical records.  Ongoing surveillance shall not include instances where facial recognition technology is utilized for a single identification or attempted identification of an individual, if no subsequent attempt is made to track that individual’s movement in real time or through the use of historical records after the individual has been identified.

III.  "State" means any department, agency, bureau, or administrative unit of the state of New Hampshire, including any city, town, county, school district, or municipal entity therein.

644:24  Face Recognition Technology Prohibited.  

I.  No officer or employee of a state agency shall use facial recognition technology to engage in ongoing surveillance of an individual or group of individuals in a public space, unless:

(a)  The use of the facial recognition technology is in support of a law enforcement activity; and

(b)(1) A court order has been obtained to allow the use of facial recognition technology for ongoing surveillance of the individual or group of individuals; or

(2) An investigative or law enforcement officer:

(A) Reasonably determines that exigent circumstances and compelling law enforcement needs make it impractical to obtain a court order;

(B) Reasonably determines that there are grounds for which a court order could be obtained under subparagraph (A); and

(C) Causes an application for a court order to be made in accordance with subparagraph (A) not later than 48 hours after the use of facial recognition technology to engage in ongoing surveillance.

644:25  Evidence Inadmissible.

I.  Any data or information collected or derived from the state’s own use of face recognition technology in violation of this subdivision shall be inadmissible in any trial, hearing, or other proceeding in or before any court or regulatory agency in the state of New Hampshire.

II.(a)  An aggrieved individual who has been the subject of ongoing surveillance using facial recognition technology, in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the state of New Hampshire or a political subdivision thereof, may move to suppress information directly obtained through the use of facial recognition technology, or evidence derived therefrom, in violation of this section, on the grounds that:

(1) The information was unlawfully obtained;

(2) The order of authorization or approval under which the information was obtained is insufficient on its face; or

(3) The use of facial recognition technology was not used in conformity with the order of authorization or approval.

(b)  Evidence obtained through the use of facial recognition technology that would otherwise violate this section shall not be suppressed if the evidence was acquired by an officer or an employee of an agency with an objectively reasonable belief that the use of facial recognition technology was in compliance with this section.

2  Drivers' Licenses; Use of Face Recognition Technology Prohibited.  RSA 263:40-b is repealed and reenacted to read as follows:

263:40-b  Use of Face Recognition Technology Prohibited.  The department shall not allow access to any of its digital representations of faces by any face recognition technology nor shall the department use face recognition technology.  No state agency, other than the department, shall create or maintain a searchable database of face images.

3  Effective Date.  This act shall take effect 60 days after its passage.

Links

HB499 at GenCourtMobile
HB499 Discussion

Action Dates

Date Body Type
Feb. 11, 2021 House Hearing
Feb. 18, 2021 House Hearing
Feb. 26, 2021 House Exec Session

Bill Text Revisions

HB499 Revision: 31815 Date: Jan. 11, 2021, 2:49 p.m.

Docket


Feb. 26, 2021: Executive Session: 02/26/2021 10:00 am Please click the link below to join the webinar: https://zoom.us/j/92827099402


Feb. 18, 2021: ==CONTINUED== Public Hearing: 02/18/2021 11:00 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/97238685330 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Feb. 11, 2021: ==RECESSED== Public Hearing: 02/11/2021 10:45 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/91078617911 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Executive Departments and Administration HJ 2 P. 51