Indiana · House Bill · First Regular Session of the 123rd General Assembly (2023)
HB1563
Indiana House Bill 1563 — Use of Facial Recognition Software (IC 8-22-6)

Status ● Failed Effective N/A Passage Likelihood N/A

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
No enforcement mechanism specified. The bill creates a prohibition but does not designate an enforcement authority, specify penalties, or create a private right of action.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
No remedies specified. The bill contains no penalty, damages, or injunctive relief provisions.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
IC 8-22-6-1
Definition: Facial recognition software

(a)–(b) As used in this chapter, "facial recognition softwareFacial recognition software"Facial recognition software" refers to software that identifies or confirms an individual's identity by identifying and measuring facial features from an image of the individual. The term includes software that identifies or confirms human faces from images or videos to: (1) determine if the face in two (2) or more images belongs to the same individual; or (2) search for the face of an individual from among a large collection of existing images.IC 8-22-6-1" refers to software that identifies or confirms an individual's identity by identifying and measuring facial features from an image of the individual. (b) The term includes software that identifies or confirms human faces from images or videos to: (1) determine if the face in two (2) or more images belongs to the same individual; or (2) search for the face of an individual from among a large collection of existing images.

This section defines facial recognition software as software that identifies or confirms an individual's identity by measuring facial features from an image. The definition encompasses both one-to-one face matching (verification) and one-to-many face searching across image databases.

IC 8-22-6-2
Definition: Facial surveillance

As used in this chapter, "facial surveillanceFacial surveillance"Facial surveillance" means an automated or semiautomated process that: (1) assists in identifying or verifying an individual; or (2) captures information about an individual; using facial recognition software.IC 8-22-6-2" means an automated or semiautomated process that: (1) assists in identifying or verifying an individual; or (2) captures information about an individual; using facial recognition softwareFacial recognition software"Facial recognition software" refers to software that identifies or confirms an individual's identity by identifying and measuring facial features from an image of the individual. The term includes software that identifies or confirms human faces from images or videos to: (1) determine if the face in two (2) or more images belongs to the same individual; or (2) search for the face of an individual from among a large collection of existing images.IC 8-22-6-1.

This section defines facial surveillance as an automated or semiautomated process that uses facial recognition software to either assist in identifying or verifying an individual, or to capture information about an individual. The definition is broad enough to cover both real-time identification and passive data capture.

IC 8-22-6-3
Definition: Facial surveillance system

As used in this chapter, "facial surveillance systemFacial surveillance system"Facial surveillance system" means a system to perform facial surveillance.IC 8-22-6-3" means a system to perform facial surveillanceFacial surveillance"Facial surveillance" means an automated or semiautomated process that: (1) assists in identifying or verifying an individual; or (2) captures information about an individual; using facial recognition software.IC 8-22-6-2.

This section defines facial surveillance system as a system to perform facial surveillance. This is the term used in the operative prohibition in Section 4.

IC 8-22-6-4
Prohibition on airport-authority use of facial surveillance systems
Government

1 A board may not provide for the use of a facial surveillance systemFacial surveillance system"Facial surveillance system" means a system to perform facial surveillance.IC 8-22-6-3 in any facility under the authority of the board.

This is the bill's sole operative provision. It prohibits any board of aviation commissioners from providing for the use of a facial surveillance system in any facility under the board's authority. The prohibition is categorical — there are no exceptions for law enforcement, TSA cooperation, or emergency circumstances. The bill does not specify enforcement mechanisms or penalties for violation.

Compliance actions 1 item
1
Airport authorities and boards of aviation commissioners must not provide for the use of any facial surveillance systemFacial surveillance system"Facial surveillance system" means a system to perform facial surveillance.IC 8-22-6-3 in any facility under their authority.
S-02.2

Passage Likelihood

Failed
Status Failed
Final action First reading: referred to Committee on Roads and Transportation

Legislative History

2023-01-19 Authored by Representative Rowray
2023-01-19 First reading: referred to Committee on Roads and Transportation

Entry Last Reviewed

2026-05-16
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