WHAT THIS BILL REGULATES · 3 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.
(1)(a) "Facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a)" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises;
(1)(b) "Law enforcement agencyLaw enforcement agency"Law enforcement agency" means any: 1. Public agency that employs a police officer as defined in KRS 15.420 or a special law enforcement officer as defined in KRS 61.900; 2. Public agency that is composed of or employs other public peace officers; and 3. Elected or appointed peace officer who is authorized to exercise powers of a peace officer as defined in KRS 446.010.KRS Chapter 61, Section 1(1)(b)" means any: 1. Public agency that employs a police officer as defined in KRS 15.420 or a special law enforcement officer as defined in KRS 61.900; 2. Public agency that is composed of or employs other public peace officers; and 3. Elected or appointed peace officer who is authorized to exercise powers of a peace officer as defined in KRS 446.010;
(1)(c) "Model facial recognition technology policyModel facial recognition technology policy"Model facial recognition technology policy" means the model policy developed and published under this section regarding the use of facial recognition technology.KRS Chapter 61, Section 1(1)(c)" means the model policy developed and published under this section regarding the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a).
This subsection defines the three key terms used throughout the statute: facial recognition technology, which is scoped to algorithmic facial-feature comparison for verification or identification but excludes device or premises authentication; law enforcement agency, broadly defined to cover public agencies employing peace officers and individually appointed peace officers; and model facial recognition technology policy, the working group's published model policy.
(2) A working group on facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a) is hereby created and shall be attached to the Justice and Public Safety Cabinet for administrative purposes. The working group shall be chaired by the secretary of the Justice and Public Safety Cabinet or his or her designee and composed of representatives from the following organizations as nominated by the secretary and appointed by the Governor: (a) The Kentucky Association of Chiefs of Police; (b) The Department of Criminal Justice Training; (c) The Kentucky League of Cities; (d) The Kentucky Association of Counties; and (e) The Kentucky Sheriff's Association.
This subsection establishes a working group on facial recognition technology, attached to the Justice and Public Safety Cabinet. The working group is chaired by the secretary of the Cabinet (or designee) and composed of representatives from five named law enforcement and local government organizations, nominated by the secretary and appointed by the Governor. The working group's mandate — creating the model policy — is set out in subsection (3).
(3) 1 On or before January 1, 2024, the working group established pursuant to subsection (2) of this section shall create and make publicly available a model policy for use by law enforcement agencies, which shall:
(3)(a) 1 Specify the authorized uses of facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a) consistent with the law, including but not limited to: 1. How search results using facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a) relate to establishing probable cause for arrests; and 2. The prohibition of using facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a) to identify a person participating in constitutionally protected activities in public spaces unless there is probable cause to believe that an offense has been committed;
(3)(b) 1 Specify requirements for persons within a law enforcement agencyLaw enforcement agency"Law enforcement agency" means any: 1. Public agency that employs a police officer as defined in KRS 15.420 or a special law enforcement officer as defined in KRS 61.900; 2. Public agency that is composed of or employs other public peace officers; and 3. Elected or appointed peace officer who is authorized to exercise powers of a peace officer as defined in KRS 446.010.KRS Chapter 61, Section 1(1)(b) that are authorized to use facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a);
(3)(c) 1 Require a law enforcement agencyLaw enforcement agency"Law enforcement agency" means any: 1. Public agency that employs a police officer as defined in KRS 15.420 or a special law enforcement officer as defined in KRS 61.900; 2. Public agency that is composed of or employs other public peace officers; and 3. Elected or appointed peace officer who is authorized to exercise powers of a peace officer as defined in KRS 446.010.KRS Chapter 61, Section 1(1)(b) to specify a process for the agency to document instances in which facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a) is used;
(3)(d) 1 Provide procedures for the confirmation of any initial findings generated by facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a) by a secondary examiner;
(3)(e) 1 Specify data integrity and retention policies applicable to the data collected by the organization, including processes that address: 1. Maintenance and updating of records used; 2. A routine audit schedule to ensure compliance with the policy; 3. The length of time the organization will keep the data; and 4. The processes by which data will be deleted;
(3)(f) 1 Specify data security measures applicable to the law enforcement agencyLaw enforcement agency"Law enforcement agency" means any: 1. Public agency that employs a police officer as defined in KRS 15.420 or a special law enforcement officer as defined in KRS 61.900; 2. Public agency that is composed of or employs other public peace officers; and 3. Elected or appointed peace officer who is authorized to exercise powers of a peace officer as defined in KRS 446.010.KRS Chapter 61, Section 1(1)(b)'s use of facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a), including: 1. How data collected will be securely stored and accessed; and 2. Rules and procedures for sharing data with other entities, which ensure that those entities comply with the sharing agency's policy as part of the data-sharing agreement;
(3)(g) 1 Specify training procedures and processes to ensure all personnel who utilize facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a) or access its data are knowledgeable about and able to ensure compliance with the policy;
(3)(h) 1 Specify a process that requires a law enforcement agencyLaw enforcement agency"Law enforcement agency" means any: 1. Public agency that employs a police officer as defined in KRS 15.420 or a special law enforcement officer as defined in KRS 61.900; 2. Public agency that is composed of or employs other public peace officers; and 3. Elected or appointed peace officer who is authorized to exercise powers of a peace officer as defined in KRS 446.010.KRS Chapter 61, Section 1(1)(b) utilizing facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a) to compare a publicly available or lawfully acquired image against a database of publicly available or lawfully acquired images;
(3)(i) 2 Specify a minimum accuracy standard for face matches in all demographic groups to ensure nondiscrimination against any demographic group with reference to a Face Recognition Vendor Test conducted by the National Institute of Standards and Technology;
(3)(j) 1 Provide a specific mechanism to produce a record of prior uses of facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a) that can be used to audit and verify images and information used to make a match of a person;
(3)(k) 1 Provide a process that addresses the privacy of persons by excluding, redacting, blurring, or otherwise obscuring nudity or sexual conduct involving any identifiable person.
This subsection imposes the core substantive mandate of the statute: the working group must create and publicly release a model policy for law enforcement facial recognition use by January 1, 2024. The model policy must address eleven specified areas including authorized uses (with a notable prohibition on identifying persons engaged in constitutionally protected activities absent probable cause of an offense), personnel authorization, documentation of use, secondary-examiner confirmation, data integrity and retention, data security and data-sharing, training, image-source requirements, a minimum accuracy standard referencing NIST's Face Recognition Vendor Test to ensure nondiscrimination across demographic groups, audit records, and privacy protections for nudity or sexual conduct.
(4) 3 A law enforcement agencyLaw enforcement agency"Law enforcement agency" means any: 1. Public agency that employs a police officer as defined in KRS 15.420 or a special law enforcement officer as defined in KRS 61.900; 2. Public agency that is composed of or employs other public peace officers; and 3. Elected or appointed peace officer who is authorized to exercise powers of a peace officer as defined in KRS 446.010.KRS Chapter 61, Section 1(1)(b) that uses facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a) shall have a use policy in place prior to using the technology. A law enforcement agencyLaw enforcement agency"Law enforcement agency" means any: 1. Public agency that employs a police officer as defined in KRS 15.420 or a special law enforcement officer as defined in KRS 61.900; 2. Public agency that is composed of or employs other public peace officers; and 3. Elected or appointed peace officer who is authorized to exercise powers of a peace officer as defined in KRS 446.010.KRS Chapter 61, Section 1(1)(b) shall file a full copy of its policy or any revision of its policy with the Justice and Public Safety Cabinet within thirty (30) days of the adoption or revision.
This subsection imposes the direct compliance obligation on law enforcement agencies: any agency using facial recognition technology must have a use policy in place before deploying the technology, and must file the full policy (or any revision) with the Justice and Public Safety Cabinet within 30 days of adoption or revision. This is the statute's primary enforcement mechanism — requiring pre-deployment policy adoption and contemporaneous regulatory filing.
(5) This section shall not apply to a generally available consumer product that includes facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a), provided that the facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a) is intended only for personal or household use. A law enforcement agencyLaw enforcement agency"Law enforcement agency" means any: 1. Public agency that employs a police officer as defined in KRS 15.420 or a special law enforcement officer as defined in KRS 61.900; 2. Public agency that is composed of or employs other public peace officers; and 3. Elected or appointed peace officer who is authorized to exercise powers of a peace officer as defined in KRS 446.010.KRS Chapter 61, Section 1(1)(b) shall not use facial recognition technologyFacial recognition technology"Facial recognition technology" means the use of algorithmic comparison of images of an individual's facial features for the purposes of verification or identification, unless used for the sole purpose of authentication in order to access a secure device or secure premises.KRS Chapter 61, Section 1(1)(a) under this subsection for law enforcement purposes.
This subsection carves out generally available consumer products that include facial recognition technology, provided the technology is intended only for personal or household use. However, it expressly prohibits law enforcement agencies from using consumer-product facial recognition for law enforcement purposes, closing a potential loophole where agencies might rely on consumer tools to avoid the policy requirements of the statute.