Maryland 2023 Regular Session

Maryland Senate Bill SB192

Introduced
1/20/23  
Refer
1/20/23  
Report Pass
4/3/23  
Engrossed
4/4/23  
Refer
4/4/23  
Refer
4/7/23  

Caption

Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

Impact

If enacted, SB192 will have a major impact on Maryland state laws as it directly regulates how law enforcement can utilize facial recognition technology in criminal investigations. Agencies will be required to develop specific policies regarding the use of FRT, including maintaining transparency by posting these policies online. They will also need to ensure accountability through regular audits of FRT usage and the establishment of annual reporting requirements. This will promote a higher level of scrutiny regarding data handling practices and protect against unauthorized exploitation of the technology.

Summary

Senate Bill 192 establishes comprehensive regulations concerning the use of facial recognition technology (FRT) by law enforcement agencies in Maryland. The bill aims to create standards for the deployment of this technology, stipulating that FRT can only be employed under strict conditions and with oversight. It seeks to balance the law enforcement's need for effective criminal investigation tools with the public's right to privacy and civil liberties. By implementing procedures, requirements, and prohibitions on FRT usage, the bill aims to mitigate potential abuses associated with surveillance technology.

Sentiment

The sentiment surrounding SB192 appears to be mixed amid concerns about surveillance overreach and the implications for civil rights. Proponents of the bill laud the necessity of oversight and regulations to protect citizens from potential privacy violations associated with FRT. Conversely, critics worry that such regulations could still allow for invasive surveillance practices if not implemented with stringent controls and public accountability. The bill reflects a growing trend among state legislatures to manage the intersection of law enforcement powers and individual rights in light of advancing technology.

Contention

Notable points of contention in the discussions around SB192 include the balance between enhancing law enforcement capabilities and safeguarding individual freedoms. Critics argue that even with regulations, the potential for abuse remains high if the technology is deployed without adequate limits on its application. Additionally, the bill restricts the application of facial recognition to specific types of crimes deemed serious, which raises questions about the efficacy and justification for its use in broader contexts. Debate continues regarding the adequacy of the outlined training and policies aimed at ensuring responsible use of such powerful technology.

Companion Bills

MD HB223

Crossfiled Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

MD SB762

Carry Over Criminal Procedure - Facial Recognition Technology - Requirements, Procedures, and Prohibitions

Previously Filed As

MD HB756

Law Enforcement - Use of Facial Recognition Technology - Images Captured in Dwelling Interior

MD HB0756

Law Enforcement - Use of Facial Recognition Technology - Images Captured in Dwelling Interior

MD HB762

Law Enforcement – Use of Facial Recognition Technology – Images Captured by Camera Affixed to Dwelling Exterior

MD HB0762

Law Enforcement – Use of Facial Recognition Technology – Images Captured by Camera Affixed to Dwelling Exterior

MD SF1242

Facial Recognition Technology Warrant Act of 2025

MD AB575

Prohibiting state agencies and local governmental units from using facial recognition technology or data generated from it.

MD SB143

Extend Prohibition on School Facial Recognition

MD A08788

Enacts the "facial recognition technology study act" to study privacy concerns and potential regulatory approaches to the development of facial recognition technology.

MD SB0324

Criminal procedures.

MD S1053

To implement the recommendations of the special commission on facial recognition technology

Similar Bills

NJ A759

Requires AG to study law enforcement use of facial recognition technology and issue report with recommendations for Statewide policy.

WV SB688

Providing for 4th Amendment Restoration Act

MA H4640

To implement the recommendations of the special commission on facial recognition technology

MS HB528

Automated license plate recognition systems; prohibit use of in the state subject to certain exceptions.

MA H1946

To implement the recommendations of the special commission on facial recognition technology

MA S1053

To implement the recommendations of the special commission on facial recognition technology

IN HB1390

Bureau of motor vehicles.

OR SB159

Relating to veterans' recognition plates.