WHAT THIS BILL REGULATES · 6 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) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: "Biometric surveillance technologyBiometric surveillance technology"Biometric surveillance technology", any computer software that performs facial recognition or other remote biometric recognition.Mass. Gen. Laws ch. 6, § 220(a)", any computer software that performs facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a) or other remote biometric recognitionOther remote biometric recognition"Other remote biometric recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on an individual's gait, voice or other biometric characteristic or that uses such characteristics to derive information about the associations, activities or location of an individual; provided, however, that "other remote biometric recognition" shall not include the identification or verification of an individual using deoxyribonucleic acid, fingerprints, palm prints or other information derived from physical contact.Mass. Gen. Laws ch. 6, § 220(a). "Facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a)", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a)" shall not include the use of search terms to sort images in a database. "Facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a)", the use of facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a) to analyze an image. "Law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a)", as defined in section 1 of chapter 6E. "Law enforcement officerLaw enforcement officer"Law enforcement officer" or "officer", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a)" or "officer", as defined in section 1 of chapter 6E. "Other remote biometric recognitionOther remote biometric recognition"Other remote biometric recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on an individual's gait, voice or other biometric characteristic or that uses such characteristics to derive information about the associations, activities or location of an individual; provided, however, that "other remote biometric recognition" shall not include the identification or verification of an individual using deoxyribonucleic acid, fingerprints, palm prints or other information derived from physical contact.Mass. Gen. Laws ch. 6, § 220(a)", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on an individual's gait, voice or other biometric characteristic or that uses such characteristics to derive information about the associations, activities or location of an individual; provided, however, that "other remote biometric recognitionOther remote biometric recognition"Other remote biometric recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on an individual's gait, voice or other biometric characteristic or that uses such characteristics to derive information about the associations, activities or location of an individual; provided, however, that "other remote biometric recognition" shall not include the identification or verification of an individual using deoxyribonucleic acid, fingerprints, palm prints or other information derived from physical contact.Mass. Gen. Laws ch. 6, § 220(a)" shall not include the identification or verification of an individual using deoxyribonucleic acid, fingerprints, palm prints or other information derived from physical contact. "Public agencyPublic agency"Public agency", any: (i) agency, executive office, department, board, commission, bureau, division or authority of the commonwealth; (ii) political subdivision thereof; or (iii) authority established by the general court to serve a public purpose.Mass. Gen. Laws ch. 6, § 220(a)", any: (i) agency, executive office, department, board, commission, bureau, division or authority of the commonwealth; (ii) political subdivision thereof; or (iii) authority established by the general court to serve a public purpose. "Public officialPublic official"Public official", any officer, employee, agent, contractor or subcontractor of any public agency.Mass. Gen. Laws ch. 6, § 220(a)", any officer, employee, agent, contractor or subcontractor of any public agencyPublic agency"Public agency", any: (i) agency, executive office, department, board, commission, bureau, division or authority of the commonwealth; (ii) political subdivision thereof; or (iii) authority established by the general court to serve a public purpose.Mass. Gen. Laws ch. 6, § 220(a).
Subsection (a) establishes the definitional framework for the entire section, defining biometric surveillance technology, facial recognition, facial recognition search, other remote biometric recognition, public agency, and public official. The facial recognition definition is notably broad, encompassing any automated or semi-automated process that identifies, verifies, analyzes, or captures information about an individual based on physical characteristics of the face, head, or body, but expressly excludes using search terms to sort database images. Other remote biometric recognition covers gait, voice, and other biometric characteristics but carves out DNA, fingerprints, palm prints, and information derived from physical contact.
(b) 1 Absent express authorization in a general or special law to the contrary, it shall be unlawful for a law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a) or officer to acquire, possess, access, use, assist with the use of or provide resources for the development or use of any biometric surveillance technologyBiometric surveillance technology"Biometric surveillance technology", any computer software that performs facial recognition or other remote biometric recognition.Mass. Gen. Laws ch. 6, § 220(a), or to enter into a contract with or make a request to a third party, including any federal agency, for the purpose of acquiring, possessing, accessing or using information derived from a biometric surveillance technologyBiometric surveillance technology"Biometric surveillance technology", any computer software that performs facial recognition or other remote biometric recognition.Mass. Gen. Laws ch. 6, § 220(a).
(b) [evidentiary exclusion] Except in a judicial proceeding alleging a violation of this section, no information obtained in violation of this section shall be admissible in any criminal, civil, administrative or other proceeding.
Subsection (b) establishes a broad prohibition against law enforcement acquisition, possession, access, use, or development support of any biometric surveillance technology, including through third-party contracts or requests to federal agencies. The prohibition extends to indirect access — law enforcement may not contract with or request a third party to obtain information derived from biometric surveillance technology. The evidentiary exclusion rule reinforces the prohibition by making any information obtained in violation inadmissible in all proceedings except those alleging a violation of this section.
(c) 2 The registrar of motor vehicles may acquire, possess, or use facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a) technology to verify an individual's identity when issuing licenses, permits or other documents pursuant to chapter 90; provided, however, that the registrar shall not allow any other entity to access or otherwise use its facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a) technology except in accordance with subsection (d).
Subsection (c) carves out a narrow exception permitting the Registrar of Motor Vehicles to acquire, possess, and use facial recognition technology solely for identity verification when issuing licenses, permits, or other documents under chapter 90. The RMV must not allow any other entity to access or use its facial recognition technology except as authorized under subsection (d) (state police searches). This provision constrains the RMV's role as a gatekeeper — it may hold the technology but may not serve as a general-purpose facial recognition resource for other agencies.
(d) 3 The department of state police may perform a facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a), or request the federal bureau of investigation to perform such a search, for the following purposes: (1)to execute a warrant duly authorized by a judge based on probable cause that an unidentified or unconfirmed individual in an image has committed a felony; (2)upon reasonable belief that an emergency involving immediate danger of death or serious physical injury to any individual or group of people requires the performance of a facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) without delay; (3)to identify a deceased person; or (4)on behalf of another law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a) or a federal agency, provided that such agency obtained a warrant pursuant to clause (1) or documented in writing the reason for a search requested under clauses (2) or (3).
(d) [operations group and technology restrictions] 4 One facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a) operations group within the department shall be charged with receiving and evaluating law enforcement requests for facial recognition searchesFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a), performing facial recognition searchesFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a), reporting results, and recording relevant data. The department shall only use existing facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a) technology used by the registrar of motor vehicles or federal bureau of investigations or facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a) technology approved by the executive office of technology services and security, which may only be approved following a public hearing on the proposed software.
(d) [documentation] 5 Any search performed or search request made to the federal bureau of investigation under this section shall be documented in writing.
Subsection (d) authorizes the Department of State Police to perform facial recognition searches under four narrow circumstances: pursuant to a warrant based on probable cause of a felony, in an emergency involving imminent danger of death or serious injury, to identify a deceased person, or on behalf of another agency that has obtained a warrant or documented an emergency or deceased-identification basis. The subsection mandates a single facial recognition operations group within the department to centralize all search functions. The department is limited to using RMV or FBI facial recognition technology, or technology approved by the Executive Office of Technology Services and Security following a public hearing. All searches performed or requested through the FBI must be documented in writing.
(e) 6 For any emergency facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) performed or requested under subsection (d)(2), the law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a) shall immediately document the factual basis for its belief that an emergency requires the performance of such a search without delay, and any emergency facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) shall be narrowly tailored to address the emergency. Not later than 48 hours after the law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a) obtains access to the results of a facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a), the agency shall file with the superior court in the relevant jurisdiction a signed, sworn statement made by a supervisory official of a rank designated by the head of the agency setting forth the grounds for the emergency search.
Subsection (e) imposes heightened documentation and judicial-oversight requirements for emergency facial recognition searches conducted under (d)(2). The law enforcement agency must immediately document the factual basis for its emergency belief, the search must be narrowly tailored, and within 48 hours of obtaining results the agency must file a signed, sworn statement with the superior court setting forth the grounds for the emergency search. This post-hoc judicial review mechanism is a significant accountability control that operates in lieu of the pre-search warrant requirement that applies to non-emergency searches.
(f) 7 All individuals charged with a crime who were identified using a facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) under this subsection shall be provided notice that they were subject to such search, pursuant to rule 14 of the rules of criminal procedure. Law enforcement agencies and district attorneys must make readily available to defendants and their attorneys in criminal prosecutions all records and information pertaining to any facial recognition searchesFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) performed or requested during the course of the investigation of the crime or offense that is the object of the criminal prosecution. This information shall include, but not be limited to, the results of the facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) (including other possible matches identified by the search), as well as records regarding the particular program or algorithm used to conduct the facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a), the accuracy rate of the facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a) system, any audit testing of the facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a) system, the identity of the individual or individuals who conducted the facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a), training provided to law enforcement officials involved in conducting facial recognition searchesFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a), and the process by which the defendant was selected as the most likely match.
Subsection (f) creates a comprehensive disclosure obligation running from law enforcement and district attorneys to criminal defendants. All individuals charged with a crime who were identified through a facial recognition search must receive notice of that fact under Rule 14 of the rules of criminal procedure. Agencies and prosecutors must make available the full scope of facial recognition search records, including match results (including alternative possible matches), the algorithm or program used, accuracy rates, audit testing records, operator identities, training records, and the process by which the defendant was selected as the most likely match. This provision reflects concerns about the reliability and potential bias of facial recognition technology and provides defendants a strong basis for challenging identifications.
(g) 8 The department shall document, as a public record, each facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) request and each facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) performed pursuant to this section and report this information quarterly to the executive office of public safety and security. Reported information shall include: the date and time of the search or request; the system used for the search; the specific criminal offense or offenses under investigation; the number of matched individuals returned, if any; the name and position of the requesting individual and employing law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a); a copy of the warrant or, if no warrant exists, a copy of the written emergency request; and data detailing the individual characteristics included in the facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) or request, including the presumed race and gender of the person in the probe image(s), as assessed by the officer conducting the search.
Subsection (g) imposes a detailed quarterly reporting obligation on the Department of State Police. Each facial recognition search request and search performed must be documented as a public record and reported quarterly to the Executive Office of Public Safety and Security. The required data fields include date and time, system used, criminal offenses under investigation, number of matches returned, requesting officer identity and agency, a copy of the warrant or written emergency request, and demographic characteristics of the probe image subjects (presumed race and gender as assessed by the conducting officer). The inclusion of race and gender data is designed to enable monitoring of potential disparate-impact patterns.
(h) 9 Annually, not later than March 31, the executive office of public safety and security shall publish on its website the following data for the previous calendar year: (i) the total number of facial recognition searchesFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) performed by the department of state police, disaggregated by law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a) or federal agency on whose behalf the search was performed; (ii) the total number of facial recognition searchesFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) performed by the federal bureau of investigation on behalf of law enforcement agencies, disaggregated by law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a) on whose behalf the search was performed. For each category of data and each law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a), the published information shall include: the number of searches performed pursuant to a warrant, by alleged offense; the number of searches performed pursuant to an emergency; and the race and gender of the subjects of the searches, as assessed by the officer conducting the search.
Subsection (h) requires the Executive Office of Public Safety and Security to publish annually by March 31 aggregate data on law enforcement facial recognition searches for the previous calendar year. The report must cover searches performed by the state police (disaggregated by requesting agency) and FBI searches performed on behalf of law enforcement agencies (similarly disaggregated). For each category and agency, the published data must include warrant-based searches broken down by alleged offense, emergency-basis searches, and the race and gender of search subjects. This annual public transparency requirement is designed to give the public visibility into the scope and demographic distribution of law enforcement facial recognition use across the commonwealth.
(i) 10 Each non-law enforcement public agencyPublic agency"Public agency", any: (i) agency, executive office, department, board, commission, bureau, division or authority of the commonwealth; (ii) political subdivision thereof; or (iii) authority established by the general court to serve a public purpose.Mass. Gen. Laws ch. 6, § 220(a) shall document, as a public record, each facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) requested and each facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) performed by its public officialsPublic official"Public official", any officer, employee, agent, contractor or subcontractor of any public agency.Mass. Gen. Laws ch. 6, § 220(a) and report this information quarterly to the executive office of public safety and security. Reported information shall include: the date and time of the search or request; the name and position of the requesting individual; the reason for the search or request; the name, position, and employer of the individual who conducted the search; the system used for the search; the number of matched individuals returned, if any; and data detailing the individual characteristics included in the facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) or request, including the presumed race and gender of the person in the probe image(s), as assessed by the individual conducting the search.
Subsection (i) extends the quarterly documentation and reporting obligations to non-law-enforcement public agencies. Each such agency must document as a public record every facial recognition search requested or performed by its public officials and report quarterly to the Executive Office of Public Safety and Security. The required data mirrors (g) but adds the reason for the search and the identity of the person who conducted it (who may be external to the agency). This ensures that biometric surveillance use across all state and local government functions — not just law enforcement — is tracked and reported.
(j) 11 Annually, not later than March 31, the executive office of public safety and security shall publish on its website the following data for the previous calendar year: (i) the total number of facial recognition searchesFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.Mass. Gen. Laws ch. 6, § 220(a) performed by or at the request of non-law enforcement public agencies, disaggregated by the public agencyPublic agency"Public agency", any: (i) agency, executive office, department, board, commission, bureau, division or authority of the commonwealth; (ii) political subdivision thereof; or (iii) authority established by the general court to serve a public purpose.Mass. Gen. Laws ch. 6, § 220(a) on whose behalf the search was performed. For each public agencyPublic agency"Public agency", any: (i) agency, executive office, department, board, commission, bureau, division or authority of the commonwealth; (ii) political subdivision thereof; or (iii) authority established by the general court to serve a public purpose.Mass. Gen. Laws ch. 6, § 220(a), the published information shall include the race and gender of the subjects of the searches, as assessed by the individual conducting the search.
Subsection (j) requires the Executive Office of Public Safety and Security to publish annually by March 31 data on facial recognition searches performed by or at the request of non-law-enforcement public agencies during the prior calendar year. The report must disaggregate searches by public agency and include the race and gender of search subjects. This parallels the law enforcement annual report in subsection (h) and ensures public oversight extends to civilian government use of facial recognition.
(k) 12 Notwithstanding subsection (b), it shall be unlawful for a law enforcement agency of officer to use a biometric surveillance system to infer a person's emotions or affect. It shall also be unlawful for a law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a) or officer to use a biometric surveillance system to analyze moving images or video data, whether in real time or as applied to archived information; provided, however, that facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a) may be used on a still image taken from moving images or video data if authorized pursuant to subsection (d).
Subsection (k) establishes two categorical prohibitions on law enforcement use of biometric surveillance: (1) inferring a person's emotions or affect, and (2) analyzing moving images or video data, whether in real time or applied to archived footage. These prohibitions apply notwithstanding the general prohibition in subsection (b) — they are absolute bans that cannot be overridden by any exception in (b) through (d). A narrow carve-out permits facial recognition on a still image extracted from video if authorized under subsection (d), preserving the ability to use still-frame extraction for warrant-based or emergency searches.
(l) Notwithstanding subsection (b), a law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a) or officer may: (i) acquire and possess personal electronic devices, such as a cell phone or tablet, that utilize facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a) technology for the sole purpose of user authentication; (ii) acquire, possess and use automated video or image redaction software; provided, that such software does not have the capability of performing facial recognitionFacial recognition"Facial recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual's face, head or body, or that uses characteristics of an individual's face, head or body to derive information about the associations, activities or location of an individual; provided, however, that "facial recognition" shall not include the use of search terms to sort images in a database.Mass. Gen. Laws ch. 6, § 220(a) or other remote biometric recognitionOther remote biometric recognition"Other remote biometric recognition", an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on an individual's gait, voice or other biometric characteristic or that uses such characteristics to derive information about the associations, activities or location of an individual; provided, however, that "other remote biometric recognition" shall not include the identification or verification of an individual using deoxyribonucleic acid, fingerprints, palm prints or other information derived from physical contact.Mass. Gen. Laws ch. 6, § 220(a); and (iii) receive evidence related to the investigation of a crime derived from a biometric surveillance technologyBiometric surveillance technology"Biometric surveillance technology", any computer software that performs facial recognition or other remote biometric recognition.Mass. Gen. Laws ch. 6, § 220(a); provided, that the use of a biometric surveillance technologyBiometric surveillance technology"Biometric surveillance technology", any computer software that performs facial recognition or other remote biometric recognition.Mass. Gen. Laws ch. 6, § 220(a) was not knowingly solicited by a law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.Mass. Gen. Laws ch. 6, § 220(a) or officer in violation of subsection (b).
Subsection (l) carves out three narrow safe-harbor exceptions to the general law enforcement prohibition in subsection (b). Officers may (i) possess personal electronic devices that use facial recognition solely for user authentication, (ii) acquire and use automated video or image redaction software that lacks facial recognition or biometric recognition capability, and (iii) receive evidence derived from biometric surveillance technology used by others, provided the law enforcement agency did not knowingly solicit the use. These exceptions are carefully bounded to prevent circumvention of the general prohibition while permitting incidental and non-investigative uses.