WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)(1)–(8) 'Candidate listCandidate list'Candidate list' means one or more facial images from a facial recognition search using facial recognition software.O.C.G.A. § 35-1-24(a)(1)' means one or more facial images from a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) using facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4). (2) 'Facial recognition repositoryFacial recognition repository'Facial recognition repository' means a location or data base, digital or otherwise, in which facial images are collected and stored for comparison during a facial recognition search.O.C.G.A. § 35-1-24(a)(2)' means a location or data base, digital or otherwise, in which facial images are collected and stored for comparison during a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3). (3) 'Facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3)' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies. (4) 'Facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4)' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe imageProbe image'Probe image' means any facial image used by facial recognition software for comparison with the facial images contained in the facial recognition repository or repositories used by the facial recognition software.O.C.G.A. § 35-1-24(a)(8). (5) 'Facial recognition specialistFacial recognition specialist'Facial recognition specialist' means a person trained and authorized to use facial recognition software and whose duty it is to conduct facial recognition searches.O.C.G.A. § 35-1-24(a)(5)' means a person trained and authorized to use facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) and whose duty it is to conduct facial recognition searchesFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3). (6) 'Likely candidateLikely candidate'Likely candidate' means a specific image contained within a candidate list depicting the face of a person which, when combined with a human-based facial comparison, depicts sufficient similarities or attributes to warrant further investigation and peer review.O.C.G.A. § 35-1-24(a)(6)' means a specific image contained within a candidate listCandidate list'Candidate list' means one or more facial images from a facial recognition search using facial recognition software.O.C.G.A. § 35-1-24(a)(1) depicting the face of a person which, when combined with a human-based facial comparison, depicts sufficient similarities or attributes to warrant further investigation and peer reviewPeer review'Peer review' means an additional layer of verification of facial recognition results by which another facial recognition specialist conducts an independent probe image search using a blind review.O.C.G.A. § 35-1-24(a)(7). (7) 'Peer reviewPeer review'Peer review' means an additional layer of verification of facial recognition results by which another facial recognition specialist conducts an independent probe image search using a blind review.O.C.G.A. § 35-1-24(a)(7)' means an additional layer of verification of facial recognition results by which another facial recognition specialistFacial recognition specialist'Facial recognition specialist' means a person trained and authorized to use facial recognition software and whose duty it is to conduct facial recognition searches.O.C.G.A. § 35-1-24(a)(5) conducts an independent probe imageProbe image'Probe image' means any facial image used by facial recognition software for comparison with the facial images contained in the facial recognition repository or repositories used by the facial recognition software.O.C.G.A. § 35-1-24(a)(8) search using a blind review. (8) 'Probe imageProbe image'Probe image' means any facial image used by facial recognition software for comparison with the facial images contained in the facial recognition repository or repositories used by the facial recognition software.O.C.G.A. § 35-1-24(a)(8)' means any facial image used by facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) for comparison with the facial images contained in the facial recognition repositoryFacial recognition repository'Facial recognition repository' means a location or data base, digital or otherwise, in which facial images are collected and stored for comparison during a facial recognition search.O.C.G.A. § 35-1-24(a)(2) or repositories used by the facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4).
(b)(1)–(4) It is the policy of the State of Georgia that facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) be used by law enforcement agencies only for the purposes of identifying persons involved in criminal cases, other special law enforcement related purposes, and in the support of public welfare. (2) The State of Georgia continually seeks to balance the use of technology-based investigative tools against privacy concerns to ensure that the constitutional rights and the safety of all individuals are both protected. (3) Facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) is intended to assist law enforcement officers and agencies with identifying criminal actors while ensuring that improper or incorrect visual identification does not lead to the arrest or prosecution of an innocent individual. It is intended to provide investigators with tools to develop possible suspects in crimes based upon similarities in facial characteristics. (4) Facial recognition searchesFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) may be used as an item of evidence in a criminal investigation. However, it is the obligation of the law enforcement officer and agency to ensure that the necessary level of additional supporting evidence exists to establish needed legal standards to pursue criminal charges. Facial recognition searchesFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) may also be used by law enforcement officers and agencies to support public welfare and medical related events to assist with the identification of individuals.
Subsection (a) defines eight key terms used throughout the bill, establishing a technical vocabulary for facial recognition operations — from the software itself to the specialist operators, probe images, candidate lists, peer review, and repositories. Subsection (b) sets forth legislative findings and policy statements: facial recognition is to be used only for identifying persons involved in criminal cases and supporting public welfare, results serve as investigative leads only, and agencies must ensure corroborating evidence exists before pursuing charges.
(c) 1 Law enforcement officers in criminal cases shall seek corroborating evidence on any person identified after receiving the results of a facial recognition search of a probe imageProbe image'Probe image' means any facial image used by facial recognition software for comparison with the facial images contained in the facial recognition repository or repositories used by the facial recognition software.O.C.G.A. § 35-1-24(a)(8) on facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) authorized by the agency employing the law enforcement officer. Such corroborating evidence should independently support probable cause for criminal charges. Law enforcement officers who are authorized to use facial recognition data bases shall only do so through a facial recognition specialistFacial recognition specialist'Facial recognition specialist' means a person trained and authorized to use facial recognition software and whose duty it is to conduct facial recognition searches.O.C.G.A. § 35-1-24(a)(5) authorized to perform such facial recognition searchesFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) by the agency by which the law enforcement officer is employed and shall use only lawfully acquired facial images for use as probe imagesProbe image'Probe image' means any facial image used by facial recognition software for comparison with the facial images contained in the facial recognition repository or repositories used by the facial recognition software.O.C.G.A. § 35-1-24(a)(8) and shall use only agency-authorized facial recognition repositories containing lawfully acquired facial images and publicly available image galleries.
This subsection imposes the bill's foundational evidentiary safeguard: law enforcement officers must seek corroborating evidence for any person identified through a facial recognition search, and that corroborating evidence should independently support probable cause. It also restricts how officers may access facial recognition databases — only through an authorized facial recognition specialist, using only lawfully acquired probe images, and only through agency-authorized repositories containing lawfully acquired facial images and publicly available image galleries.
(d)(1)–(9) 2 Uses for which law enforcement officers and agencies may conduct facial recognition searchesFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) are to assist in: (1) Identifying an individual when there is a reasonable suspicion that the individual has committed, is committing, or is planning the commission of a crime; (2) Identifying a crime victim, including a victim of online sexual abuse material; (3) Identifying a victim of human trafficking or an individual involved in the trafficking of humans, weapons, drugs, or wildlife; (4) Identifying a person that may be a missing person; (5) Identifying a person who is suffering from an inability to communicate and be understood as the result of an apparent mental or physical disability; (6) Identifying a deceased person; (7) Identifying a person who is incapacitated or otherwise unable to identify himself or herself; (8) Identifying an individual who is lawfully detained; and (9) Mitigating an imminent threat to public safety or a significant threat to life, including acts of terrorism. Any result from a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) shall be used only as a guide for further investigation.
This subsection enumerates the nine permissible purposes for which law enforcement may conduct facial recognition searches — ranging from criminal suspect identification and victim identification (including online sexual abuse material victims) to missing persons, incapacitated individuals, deceased persons, detained individuals, and imminent public safety threats including terrorism. It concludes with a blanket limitation: any result shall be used only as a guide for further investigation, reinforcing the corroboration requirement in subsection (c).
(e) 3 Each law enforcement agency desiring to utilize facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) and do facial recognition searchesFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) shall first adopt in writing the use of such facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) and establish standard operating procedures for the agency in the use of such software.
Before any law enforcement agency may use facial recognition software, it must formally adopt the software in writing and establish standard operating procedures governing its use. This is a prerequisite obligation — no searches may be conducted until the agency has completed both the written adoption and the SOP.
(f)(1) 4 A law enforcement agency shall prior to authorizing the use of facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) ensure that the facial recognition specialistFacial recognition specialist'Facial recognition specialist' means a person trained and authorized to use facial recognition software and whose duty it is to conduct facial recognition searches.O.C.G.A. § 35-1-24(a)(5) who will operate the facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) has satisfactorily completed agency approved training in the use of such software; shall assign each such facial recognition specialistFacial recognition specialist'Facial recognition specialist' means a person trained and authorized to use facial recognition software and whose duty it is to conduct facial recognition searches.O.C.G.A. § 35-1-24(a)(5) a unique username and password for the use of such facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4); and shall ensure that only authorized persons use such facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4);
(f)(2)(A)–(G) 5 When using facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4), the facial recognition specialistFacial recognition specialist'Facial recognition specialist' means a person trained and authorized to use facial recognition software and whose duty it is to conduct facial recognition searches.O.C.G.A. § 35-1-24(a)(5) shall: (A) Use the facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) only for official and legitimate law enforcement business; (B) Log in using the username and password assigned such specialist; (C) Record the case number in the incident report and, if applicable, in the investigative data base; (D) Record the legitimate law enforcement reason or basis for the search in the incident report and, if applicable, in the investigative data base; (E) Only utilize probe imagesProbe image'Probe image' means any facial image used by facial recognition software for comparison with the facial images contained in the facial recognition repository or repositories used by the facial recognition software.O.C.G.A. § 35-1-24(a)(8) that have been collected in accordance with state and federal law; (F) Only use facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) that is approved and authorized by the law enforcement agency; and (G) Ensure that each member of the law enforcement agency who submits a request for a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) correctly documents such request and the results of such search, whether such search results in any investigative leads or not, in the incident report;
(f)(3)(A)–(F) 6 All facial recognition searchesFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) to attempt to identify an unidentified suspect in a criminal investigation shall be performed in the following sequence and manner: (A) A facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) shall be performed by a facial recognition specialistFacial recognition specialist'Facial recognition specialist' means a person trained and authorized to use facial recognition software and whose duty it is to conduct facial recognition searches.O.C.G.A. § 35-1-24(a)(5) using a probe image of the unidentified suspect utilizing a facial recognition repositoryFacial recognition repository'Facial recognition repository' means a location or data base, digital or otherwise, in which facial images are collected and stored for comparison during a facial recognition search.O.C.G.A. § 35-1-24(a)(2) and facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) approved by the law enforcement agency; (B) Following a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) which yields a candidate listCandidate list'Candidate list' means one or more facial images from a facial recognition search using facial recognition software.O.C.G.A. § 35-1-24(a)(1) of likely candidatesLikely candidate'Likely candidate' means a specific image contained within a candidate list depicting the face of a person which, when combined with a human-based facial comparison, depicts sufficient similarities or attributes to warrant further investigation and peer review.O.C.G.A. § 35-1-24(a)(6), a human-based facial comparison shall be made of the persons in the candidate listCandidate list'Candidate list' means one or more facial images from a facial recognition search using facial recognition software.O.C.G.A. § 35-1-24(a)(1); (C) In addition, a peer review of the likely candidatesLikely candidate'Likely candidate' means a specific image contained within a candidate list depicting the face of a person which, when combined with a human-based facial comparison, depicts sufficient similarities or attributes to warrant further investigation and peer review.O.C.G.A. § 35-1-24(a)(6) on the candidate listCandidate list'Candidate list' means one or more facial images from a facial recognition search using facial recognition software.O.C.G.A. § 35-1-24(a)(1) shall be made; (D) Following the human-based facial comparison and peer review of the candidates on the candidate listCandidate list'Candidate list' means one or more facial images from a facial recognition search using facial recognition software.O.C.G.A. § 35-1-24(a)(1), investigations shall be made of the likely candidatesLikely candidate'Likely candidate' means a specific image contained within a candidate list depicting the face of a person which, when combined with a human-based facial comparison, depicts sufficient similarities or attributes to warrant further investigation and peer review.O.C.G.A. § 35-1-24(a)(6) to reveal corroborating or exculpatory evidence; (E) Prior to pursuing criminal charges or warrants in a matter under investigation in which a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) was made, a superior officer shall review the case to ensure that procedures were followed and there is sufficient evidence to seek warrants for the suspect; and (F) The evidence shall be submitted to the proper judge for review prior to the issuance of any warrants.
This subsection specifies the mandatory content of agency SOPs for facial recognition use. It imposes three layers of procedural requirements: (1) specialist training, credentialing, and access control; (2) operational use rules including unique login, case documentation, lawful probe-image sourcing, and agency-approved software; and (3) a mandatory sequential investigation process for criminal suspect identification — from specialist-conducted search through human facial comparison, peer review, corroborating investigation, superior-officer review, and judicial warrant authorization. Together, these provisions create a multi-layered human oversight regime around AI-assisted identification.
(g) 7 No person on behalf of a law enforcement agency or law enforcement officer in this state shall connect any facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) to any interface that performs live video surveillance, including, but not limited to, surveillance cameras, drone cameras, and body-worn cameras. This subsection shall not however preclude the use of still images or snapshots from being captured from video streams and used as probe imagesProbe image'Probe image' means any facial image used by facial recognition software for comparison with the facial images contained in the facial recognition repository or repositories used by the facial recognition software.O.C.G.A. § 35-1-24(a)(8) for a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3).
(h) 8 No facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) shall be utilized by or on behalf of any law enforcement agency or law enforcement officer on live stream or recorded video of the general public or for surveillance of the general public.
(i) 9 The use of force to capture a person's image for a probe imageProbe image'Probe image' means any facial image used by facial recognition software for comparison with the facial images contained in the facial recognition repository or repositories used by the facial recognition software.O.C.G.A. § 35-1-24(a)(8) in a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) shall be illegal.
These three subsections establish the bill's categorical prohibitions on facial recognition use. Subsection (g) bans connecting facial recognition software to any live video surveillance interface — surveillance cameras, drone cameras, and body-worn cameras — while preserving the ability to extract still images from video streams for use as probe images. Subsection (h) prohibits using facial recognition on live or recorded video of the general public or for surveillance of the general public. Subsection (i) makes it illegal to use force to capture a person's image for a probe image. Together, these provisions draw a clear line between permissible investigative use (targeted searches of still images) and prohibited surveillance use (real-time or mass monitoring).
(j) 10 Only facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) that is approved by the law enforcement agency in writing shall be used for facial recognition searchesFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3). It shall be illegal for law enforcement agencies and law enforcement officers to use facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) that is obtained through a complimentary pilot program, demonstration program, personal account, or trial period in any law enforcement investigation.
This subsection requires that only facial recognition software formally approved by the law enforcement agency in writing may be used. It further makes it illegal for agencies or officers to use facial recognition software obtained through complimentary pilot programs, demonstration programs, personal accounts, or trial periods. This prevents informal adoption of unvetted tools.
(k) 11 Access to the facial recognition software of a law enforcement agency by another law enforcement agency shall require a written request for assistance from a supervisory level official of the requesting law enforcement agency which shall be reviewed and approved by a supervisory level official of the law enforcement agency to which the request is made. The requesting law enforcement agency shall submit with the request for access to facial recognition services a signed interagency agreement or memorandum of understanding which acknowledges that: (1) The requesting law enforcement agency agrees to comply with all provisions of law regarding the conduct and use of facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) and searches; (2) The requesting law enforcement agency acknowledges that the results from a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) shall not be considered as a positive identification of any person; (3) The requesting law enforcement agency will use the facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) and searches for legitimate law enforcement purposes only which shall be limited to the identification of suspects in criminal investigations, the identification of persons unable to identify themselves, and other purposes specifically authorized by the law enforcement agency to which the request is made; (4) Facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) shall not be used for surveillance or tracking purposes; (5) The requesting law enforcement agency shall not utilize the results of a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) alone for the purpose of establishing an articulable suspicion for an investigatory stop of an individual, probable cause for an arrest, or probable cause for a search warrant. The requesting agency shall pursue criminal charges against an individual identified by a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) only when there is corroborating evidence creating probable cause to believe that such individual committed a crime; (6) The requesting law enforcement agency shall use facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) in accordance with federal and state statutory and constitutional law and in accordance with the requirements and procedures of the agency to which the request is made; (7) The results and any other information obtained as a result of a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) will be kept confidential except as disclosure is otherwise permitted by law and will be held and purged in accordance with the retention policy of the requesting agency; and (8) The probe imagesProbe image'Probe image' means any facial image used by facial recognition software for comparison with the facial images contained in the facial recognition repository or repositories used by the facial recognition software.O.C.G.A. § 35-1-24(a)(8) which are submitted by the requesting law enforcement agency were lawfully obtained and do not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person and that the use of the probe imagesProbe image'Probe image' means any facial image used by facial recognition software for comparison with the facial images contained in the facial recognition repository or repositories used by the facial recognition software.O.C.G.A. § 35-1-24(a)(8) in conjunction with a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) using the facial recognition software of the law enforcement agency to which the request is made will not result in a breach of contract between the requesting law enforcement agency and any third party.
When one law enforcement agency seeks to use another agency's facial recognition software, the requesting agency must submit a written request from a supervisory-level official, which must be approved by a supervisory-level official of the providing agency. The request must be accompanied by a signed interagency agreement or MOU containing eight specific acknowledgments — covering compliance with all applicable law, recognition that results are not positive identification, use limitations, anti-surveillance commitments, corroboration requirements, constitutional law compliance, confidentiality and retention, and lawful probe-image sourcing. This provision ensures that interagency sharing of facial recognition capabilities occurs under formal, documented terms.
(l) A law enforcement agency which requests access to the facial recognition software of another law enforcement agency which request is granted shall be deemed to have released the governing authority of the law enforcement agency to which the request is made, the members of the governing authority, the governmental entity, the law enforcement agency to which the request is made, and all officers, elected officials, employees, agents, volunteers, and representatives of such governmental entity and law enforcement agency, both in their individual and representative capacities, from any responsibility or liability for any actions, causes of actions, claims, demands, costs, liabilities, expenses, or damages which are in any way connected to the information provided by the law enforcement agency to which the request for use of facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) was made or any loss or damage arising from, or allegedly arising from, the information provided by the law enforcement agency to which the request for use of facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) was made. This release shall not apply to any claims arising from intentional misconduct on the part of the law enforcement agency or any of its personnel to which the request for use of facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) is made.
(m) By requesting access to the facial recognition software of another law enforcement agency, the requesting law enforcement agency shall be deemed to have agreed to defend and hold harmless the law enforcement agency to which the request was made, the governing authority of the law enforcement agency to which the request is made, the members of the governing authority, the governmental entity, and all officers, elected officials, employees, agents, volunteers, and representatives, both in their individual and representative capacities, from any and all claims and liability for damages, property damages, and personal injuries or damages, including death, judgments, causes of action, liens, costs, and legal expenses, including attorney fees, in any way connected to or stemming from the information provided by the law enforcement agency to which the request was made for a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) to the requesting agency. In addition, the requesting law enforcement agency shall also indemnify and hold harmless the law enforcement agency to which the request for a facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) was made and the other parties identified in this subsection from and against all claims, actions, suits, proceedings, losses, damages, costs, and expenses, including attorney fees, arising out of or resulting from, directly or indirectly, any failure of the requesting agency to comply with the provisions of this Code section and the interagency agreement or memorandum of understanding regarding the use of facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) or the conduct of facial recognition searchesFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) pursuant to such agreement or memorandum.
These subsections establish the liability framework for interagency facial recognition sharing. Subsection (l) provides that a requesting agency is deemed to have released the providing agency, its governing authority, and all personnel from liability connected to the information provided — except for intentional misconduct. Subsection (m) goes further: by making the request, the requesting agency is deemed to have agreed to defend, hold harmless, and indemnify the providing agency from all claims arising from the information provided or from the requesting agency's failure to comply with the statute or the interagency agreement. These provisions create no new compliance obligations for AI system governance.
(n) 12 Any law enforcement agency utilizing facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) shall maintain and ensure compliance with the provisions of this Code section and state and federal law with regard to the use of such software. As a part of such program to ensure compliance, the law enforcement agency shall conduct random sample audits of authorized users of such facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) on a quarterly basis. Such audits shall, at a minimum, review whether the proper documentation is being created and maintained regarding the use of the facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4), including the case number, the reason for the facial recognition searchFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3), the name of the law enforcement officer or officers for whom the search was performed, the unit to which such officer or officers are assigned, and any other information required to be obtained and maintained under the policy of the law enforcement agency. In addition, at least annually, the law enforcement agency shall perform a random sample audit to verify that the proper procedures for conducting facial recognition searchesFacial recognition search'Facial recognition search' means an automated process of matching facial images utilizing algorithms and biometric scanning technologies.O.C.G.A. § 35-1-24(a)(3) and all investigative steps are being followed and that the list of authorized users of the facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) is current and that all users who no longer need access to the software have been removed. All such audits shall be documented and maintained by the agency for a period of at least two calendar years.
This subsection imposes a two-tier audit regime on agencies using facial recognition software. On a quarterly basis, the agency must conduct random-sample audits of authorized users to verify that proper documentation is being created and maintained — case numbers, search reasons, officer names, unit assignments, and other required information. At least annually, the agency must perform a broader random-sample audit to verify that all procedural requirements for conducting searches are being followed, that investigative steps are completed, and that the authorized-user list is current with former users removed. All audit records must be maintained for at least two calendar years.
(o) 13 Any person who intentionally misuses facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) shall be guilty of a misdemeanor.
Any person who intentionally misuses facial recognition software is guilty of a misdemeanor. This is the bill's sole penalty provision and applies to individual actors, not agencies.
(p) 14 Each law enforcement agency which uses facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4) shall establish policies under which the ability of users of such software shall be suspended or revoked if such users are found to have failed to comply with this Code section or other applicable state and federal laws regarding the use of facial recognition softwareFacial recognition software'Facial recognition software' means computer programs that use algorithms and biometric scanning technologies to compare and match facial images with a probe image.O.C.G.A. § 35-1-24(a)(4).
Each agency using facial recognition software must establish internal policies under which authorized users can have their access suspended or revoked for noncompliance with this Code section or other applicable state and federal law. This creates an internal accountability mechanism distinct from the criminal penalty in subsection (o).