Regulon — MA-HB-4640 · MA HB 4640 (Facial Recognition Technology)

WHAT THIS BILL REGULATES · 6 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority

No private right of action is explicitly created. Enforcement is through the exclusionary rule (information obtained in violation is inadmissible) and existing criminal-procedure frameworks. The Executive Office of Public Safety and Security receives quarterly reports and publishes annual data. The Executive Office of Technology Services and Security must approve facial recognition software via public hearing.

Private Right of Action

No private right of action. Enforcement is exclusive to the designated authority.

Penalties

No monetary damages or civil remedies are specified. The bill's primary enforcement mechanism is an exclusionary rule barring the admissibility of information obtained in violation of the section in any criminal, civil, administrative, or other proceeding (except proceedings alleging a violation of the section itself). Defendants identified via facial recognition search receive mandatory disclosure of all search records and methodology under criminal discovery obligations.

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

Mass. Gen. Laws ch. 6, § 220(a)

Definitions

(a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: "Biometric surveillance technology", any computer software that performs facial recognition or other remote biometric 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. "Facial recognition search", the use of facial recognition to analyze an image or video. "Law enforcement agency", as defined in section 1 of chapter 6E. "Law enforcement officer" or "officer", as defined in section 1 of chapter 6E. "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. "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. "Public official", any officer, employee, agent, contractor or subcontractor of any public agency.

Subsection (a) establishes the defined terms that govern the scope of the entire section. The definition of biometric surveillance technology is broad, encompassing any computer software performing facial recognition or other remote biometric recognition. The facial recognition definition itself is notably expansive — covering any automated or semi-automated process that identifies, verifies, or derives information about an individual from physical characteristics of the face, head, or body. The carve-out for sorting images by search terms distinguishes passive database management from active biometric analysis. Other remote biometric recognition extends the bill beyond facial recognition to gait, voice, and other biometric characteristics, but expressly excludes DNA, fingerprints, and palm prints derived from physical contact.

Mass. Gen. Laws ch. 6, § 220(b)

Law enforcement biometric surveillance prohibition

Government

(b) 1 Absent express authorization in a general or special law to the contrary, it shall be unlawful for a law enforcement agency or officer to acquire, possess, access, use, assist with the use of or provide resources for the development or use of any biometric surveillance technology, 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 technology.

(b) exclusionary rule 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 the bill's core prohibition: law enforcement agencies and officers may not acquire, possess, access, use, assist with, or provide resources for the development or use of any biometric surveillance technology — absent express authorization in another general or special law. The prohibition extends to contracting with or requesting assistance from third parties, including federal agencies, for the purpose of obtaining biometric surveillance-derived information. The subsection also imposes an exclusionary rule: information obtained in violation is inadmissible in any proceeding except one alleging a violation of this section.

Compliance actions 1 item

Law enforcement agencies and officers must not acquire, possess, access, use, assist with, or provide resources for biometric surveillance technology, nor contract with or request information derived from such technology from any third party (including federal agencies), unless expressly authorized by another general or special law.

S-02.2

Mass. Gen. Laws ch. 6, § 220(c)

Registrar of Motor Vehicles exception

Government

(c) 2 The registrar of motor vehicles may acquire, possess, or use facial recognition technology to investigate and verify an individual's identity when issuing licenses, permits or other documents pursuant to chapter 90, and the department of state police may access or use facial recognition technology to assist the registrar with this investigation and verification; provided, however, that the registrar shall not otherwise allow any other entity to access or otherwise use its facial recognition technology except in accordance with subsection (d).

Subsection (c) creates a narrow exception permitting the Registrar of Motor Vehicles to acquire, possess, or use facial recognition technology solely for identity investigation and verification in connection with issuing licenses, permits, or other documents under chapter 90. The Department of State Police may assist the Registrar in this capacity. The Registrar is expressly prohibited from allowing any other entity to access or use its facial recognition technology except through the State Police search process in subsection (d).

Compliance actions 1 item

The Registrar of Motor Vehicles must not allow any entity other than the Department of State Police (acting under subsection (d)) to access or use the Registrar's facial recognition technology. Use is limited to identity investigation and verification for license, permit, and document issuance.

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Mass. Gen. Laws ch. 6, § 220(d)

Authorized State Police facial recognition searches

Government

(d)(1)–(5) 3 The department of state police may perform a facial recognition search, or request the federal bureau of investigation to perform such a search, for the following purposes: (1) to assist the registrar of motor vehicles in investigating and verifying an individual's identity pursuant to subsection (c); (2) 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; (3) 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 search without delay; (4) to identify a deceased person; or (5) on behalf of another law enforcement agency or a federal agency, provided that such agency obtained a warrant pursuant to clause (2) or documented in writing the reason for a search requested under clauses (3) or (4).

(d) operations group and technology restrictions 4 One facial recognition operations group within the department shall be charged with receiving and evaluating law enforcement requests for facial recognition searches, performing facial recognition searches, reporting results, and recording relevant data. The department shall only use existing facial recognition technology used by the registrar of motor vehicles or federal bureau of investigations or facial recognition 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) FBI documentation 5 Any search request made to the federal bureau of investigation under this section shall be documented in writing.

Subsection (d) defines the narrow circumstances under which the Department of State Police may perform or request facial recognition searches: assisting the Registrar with identity verification, executing a warrant based on probable cause of a felony, responding to an emergency involving imminent danger of death or serious physical injury, identifying a deceased person, or acting on behalf of another law enforcement or federal agency that has met the warrant or emergency documentation requirements. The subsection mandates that a single dedicated facial recognition operations group within the Department receive and evaluate all search requests, perform searches, report results, and record data. Only RMV or FBI facial recognition technology — or technology approved by the Executive Office of Technology Services and Security after a public hearing — may be used. All FBI search requests must be documented in writing.

Compliance actions 3 items

The Department of State Police must limit facial recognition searches to the five enumerated purposes: Registrar identity verification, warrant-based felony identification, emergencies involving imminent danger of death or serious physical injury, deceased-person identification, and searches on behalf of other agencies that have obtained a warrant or documented emergency grounds.

PS-01.4

The Department of State Police must designate a single facial recognition operations group to receive, evaluate, and perform all facial recognition search requests, and must use only facial recognition technology currently used by the Registrar or FBI — or technology approved by the Executive Office of Technology Services and Security following a public hearing.

PS-01.4

The Department of State Police must document in writing every facial recognition search request made to the Federal Bureau of Investigation.

G-01.3

Mass. Gen. Laws ch. 6, § 220(e)

Emergency search documentation and judicial filing

Government

(e) 6 For any emergency facial recognition search performed or requested under subsection (d)(3), the law enforcement agency 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 search shall be narrowly tailored to address the emergency. Not later than 48 hours after the law enforcement agency obtains access to the results of a facial recognition search, 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 procedural safeguards on emergency facial recognition searches conducted under subsection (d)(3). The law enforcement agency must immediately document the factual basis for its belief that an emergency exists. Emergency searches must be narrowly tailored to the emergency. Within 48 hours of obtaining search results, the agency must file a signed, sworn statement with the superior court in the relevant jurisdiction, executed by a supervisory official of designated rank, setting forth the grounds for the emergency search. This judicial-reporting requirement operates as a post-hoc oversight mechanism where pre-authorization was not feasible.

Compliance actions 1 item

Law enforcement agencies must (1) immediately document the factual basis for any emergency facial recognition search, (2) ensure the search is narrowly tailored to the emergency, and (3) within 48 hours of obtaining search results, file a signed, sworn statement by a supervisory official with the superior court in the relevant jurisdiction setting forth the emergency grounds.

G-01.3

Mass. Gen. Laws ch. 6, § 220(f)

Criminal defendant notice and discovery rights

Government

(f) 7 All individuals charged with a crime who were identified using a facial recognition search 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 searches 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 search (including other possible matches identified by the search), as well as records regarding the particular program or algorithm used to conduct the facial recognition search, the accuracy rate of the facial recognition system, any audit testing of the facial recognition system, the identity of the individual or individuals who conducted the facial recognition search, training provided to law enforcement officials involved in conducting facial recognition searches, and the process by which the defendant was selected as the most likely match.

Subsection (f) creates two distinct rights for criminal defendants identified through facial recognition searches. First, any individual charged with a crime must be notified (pursuant to Rule 14 of the Massachusetts Rules of Criminal Procedure) that a facial recognition search was used in their identification. Second, law enforcement agencies and district attorneys must make readily available to defendants and their attorneys all records pertaining to any facial recognition searches during the investigation — including search results and alternative matches, the algorithm used, system accuracy rates, audit testing records, the identity and training of the officer who conducted the search, and the process used to select the defendant as the most likely match.

Compliance actions 1 item

Law enforcement agencies and district attorneys must (1) notify all individuals charged with a crime that a facial recognition search was used in their identification, and (2) make readily available to defendants and their attorneys all records pertaining to facial recognition searches conducted during the investigation — including search results, alternative matches, the algorithm used, system accuracy rates, audit testing records, officer identity and training, and the match-selection process.

H-01.1

Mass. Gen. Laws ch. 6, § 220(g)

State Police quarterly reporting to EOPSS

Government

(g) 8 The department shall document, as a public record, each facial recognition search request and each facial recognition search 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 agency; 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 search 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) requires the Department of State Police to document every facial recognition search request and search performed as a public record, and to report this information quarterly to the Executive Office of Public Safety and Security (EOPSS). The required data is granular: date and time; system used; specific criminal offense(s) under investigation; number of matched individuals; identity and position of the requesting individual and agency; a copy of the warrant or emergency request; and demographic data (presumed race and gender of the person in the probe image as assessed by the officer). The race-and-gender documentation requirement enables post-hoc disparate-impact analysis.

Compliance actions 1 item

The Department of State Police must document each facial recognition search request and search performed as a public record, and report this information quarterly to the Executive Office of Public Safety and Security, including date and time, system used, criminal offense(s) under investigation, number of matches, requesting officer identity and agency, warrant or emergency request copy, and the presumed race and gender of the person in the probe image.

R-03.1

Mass. Gen. Laws ch. 6, § 220(h)

Annual public reporting — law enforcement searches

Government

(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 searches performed by the department of state police, disaggregated by law enforcement agency or federal agency on whose behalf the search was performed; (ii) the total number of facial recognition searches requested to be performed by the federal bureau of investigation on behalf of law enforcement agencies, disaggregated by requesting law enforcement agency. For each category of data and each law enforcement agency, 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 on its website, annually by March 31, aggregated data on facial recognition searches for the prior calendar year. The published data must include total searches by the State Police disaggregated by requesting law enforcement or federal agency, total FBI-requested searches disaggregated by requesting agency, and for each agency the number of warrant-based vs. emergency searches (by offense) and the race and gender of search subjects. This public-transparency obligation ensures legislative and public oversight of facial recognition use across Massachusetts law enforcement.

Compliance actions 1 item

The Executive Office of Public Safety and Security must publish on its website by March 31 each year aggregated data on law enforcement facial recognition searches for the prior calendar year, disaggregated by agency, including warrant-based vs. emergency search counts by offense, and the race and gender of search subjects.

G-02.4

Mass. Gen. Laws ch. 6, § 220(i)

Non-law-enforcement public agency quarterly reporting

Government

(i) 10 Each non-law enforcement public agency shall document, as a public record, each facial recognition search requested and each facial recognition search performed by its public officials 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 search 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 obligation 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 EOPSS. The required data parallels subsection (g) but is tailored to the non-law-enforcement context — including the reason for the search, the identity and employer of the individual who conducted it, and the system used.

Compliance actions 1 item

Each non-law-enforcement public agency must document every facial recognition search request and search performed by its public officials as a public record, and report this information quarterly to the Executive Office of Public Safety and Security, including date and time, requesting individual, reason for search, system used, number of matches, and the presumed race and gender of the person in the probe image.

R-03.1

Mass. Gen. Laws ch. 6, § 220(j)

Annual public reporting — non-law-enforcement agencies

Government

(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 searches performed by or at the request of non-law enforcement public agencies, disaggregated by the public agency on whose behalf the search was performed. For each public agency, 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) mirrors subsection (h) for non-law-enforcement public agencies. EOPSS must publish annually by March 31 the total number of facial recognition searches performed by or at the request of each non-law-enforcement public agency, including race and gender demographics of search subjects. This ensures public transparency across all government facial recognition use, not only law enforcement.

Compliance actions 1 item

The Executive Office of Public Safety and Security must publish on its website by March 31 each year aggregated data on facial recognition searches by non-law-enforcement public agencies for the prior calendar year, disaggregated by agency, including the race and gender of search subjects.

G-02.4

Mass. Gen. Laws ch. 6, § 220(k)

Emotion inference and real-time video analysis prohibitions

Government

(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 agency 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 recognition may be used on a still image taken from moving images or video data if authorized pursuant to subsection (d).

Subsection (k) imposes two categorical prohibitions beyond the general ban in subsection (b). First, law enforcement may not use a biometric surveillance system to infer a person's emotions or affect — an absolute ban with no exceptions. Second, law enforcement may not use a biometric surveillance system to analyze moving images or video data, whether in real time or applied to archived footage. The only carve-out permits facial recognition to be applied to a still image extracted from video if the search is authorized under subsection (d). These prohibitions operate independently of and in addition to the subsection (b) general prohibition.

Compliance actions 1 item

Law enforcement agencies and officers must not use biometric surveillance systems to (1) infer a person's emotions or affect, or (2) analyze moving images or video data (whether in real time or archived). Facial recognition may be used on a still image extracted from video only if authorized under subsection (d).

S-02.2

Mass. Gen. Laws ch. 6, § 220(l)

Law enforcement carve-outs

(l) Notwithstanding subsection (b), a law enforcement agency or officer may: (i) acquire and possess personal electronic devices, such as a cell phone or tablet, that utilize facial recognition 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 recognition or other remote biometric recognition; and (iii) receive evidence related to the investigation of a crime derived from a biometric surveillance technology; provided, that the use of a biometric surveillance technology was not knowingly solicited by a law enforcement agency or officer in violation of subsection (b).

Subsection (l) carves out three narrow exceptions to the subsection (b) general prohibition. Law enforcement may: (i) acquire and possess personal electronic devices (cell phones, tablets) that use facial recognition solely for user authentication; (ii) acquire, possess, and use automated video or image redaction software, provided it lacks facial recognition or other remote biometric recognition capability; and (iii) receive evidence derived from biometric surveillance technology in connection with a criminal investigation, provided the law enforcement agency or officer did not knowingly solicit the use of biometric surveillance technology in violation of subsection (b). These exceptions do not create affirmative compliance obligations — they narrow the scope of the prohibition.

Public Sector Procurement restrictions · government use

2 items

PS-01.4