77-23e-103. Government use of facial recognition system with image database -- Restrictions -- Process -- Disclosure.
(1) Except as provided in this section, in Section, and in Section, a government entity may not use a facial recognition system on an image database. 77-23e-104 77-23e-105
(2) Only a law enforcement agency may make a request for a government entity to conduct a facial recognition comparison using a facial recognition system. Except as provided in Subsection, a law enforcement agency shall submit a request for a facial recognition comparison on an image database in writing to the government entity that manages the image database. (2)(a)(iii) A law enforcement agency shall submit a request for a facial recognition comparison on an image database shared with or maintained by the department in accordance with Section. 77-23e-104 A trained employee who is employed by the government entity that maintains or has access to the image database shall complete the request if the request: is for a purpose described in Subsection; (2)(c) includes a case identification number; and is, if it is a request made for the purpose of investigating a crime, supported by a statement of the specific crime and factual narrative to support that there is a fair probability that the individual who is the subject of the request is connected to the crime. An individual described in Subsectionshall only comply with requests made for a purpose of: (2)(b) investigating a felony, a violent crime, or a threat to human life; or identifying an individual who is: deceased; incapacitated; or at risk and otherwise unable to provide the law enforcement agency with his or her identity. The law enforcement agency shall only use the facial recognition comparison: in accordance with the requirements of law; and in relation to a purpose described in Subsection. (2)(c)
(3) A government entity may not use a facial recognition system for a civil immigration violation.
(4) To make a facial recognition comparison, a trained employee described in Subsectionshall: (2)(b) use a facial recognition system that, in accordance with industry standards: makes the comparison using an algorithm that compares only facial biometric data; is secure; and is produced by a company that is currently in business; if the facial recognition system indicates a possible match, make an independent visual comparison to determine whether the facial recognition system's possible match is a probable match; if the trained employee determines that there is a possible match that is a probable match, seek a second opinion from another trained employee or the trained employee's supervisor; and if the other trained employee or the trained employee's supervisor agrees that the match is a probable match: report the result to the requesting law enforcement agency through an encrypted method; and return to the requesting law enforcement agency only a result that all trained employees agree is a probable match; or if the other trained employee or the trained employee's supervisor disagrees that there is a probable match, report the fact that the search returned no results to the requesting law enforcement agency.
(5) When submitting a case to a prosecutor, a law enforcement agency of the state or of a political subdivision shall disclose to the prosecutor, in writing: whether a facial recognition system was used in investigating the case; and if a facial recognition system was used: the information the law enforcement agency received in accordance with Subsection; and (4)(d)(ii) a description of how the facial recognition comparison was used in the investigation.