WHAT THIS BILL REGULATES · 5 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 6, § 220(a) to analyze an image. "Law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 6, § 220(a).
Subsection (a) establishes the defined terms used throughout the section. The definitions are notably broad: biometric surveillance technology encompasses any computer software performing facial recognition or other remote biometric recognition. Facial recognition covers automated or semi-automated processes for identifying, verifying, or analyzing individuals based on physical characteristics of the face, head, or body, with only a narrow carve-out for keyword-based image sorting. Other remote biometric recognition extends coverage to gait, voice, and other biometric characteristics but excludes DNA, fingerprints, and other contact-derived biometrics.
(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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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 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 — nor may they contract with or request a third party (including federal agencies) to obtain information derived from such technology — absent express statutory authorization. This is a default ban with limited exceptions carved out in subsections (c), (d), and (l). Information obtained in violation is inadmissible in any proceeding except a proceeding 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.M.G.L. c. 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.M.G.L. c. 6, § 220(a) technology except in accordance with subsection (d).
Subsection (c) carves out a narrow exception for 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 Registrar must not allow any other entity to access or use its facial recognition technology except as authorized under subsection (d) — creating a controlled gateway that funnels all law enforcement access through the State Police operations group.
(d)(1)–(4) 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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 restriction) 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.M.G.L. c. 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.M.G.L. c. 6, § 220(a), performing facial recognition searchesFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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 requirement) 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 — or request FBI searches — under four narrowly defined circumstances: execution of a judicial warrant based on probable cause that the subject committed a felony, emergency involving imminent danger of death or serious physical injury, identification of a deceased person, or on behalf of another agency that has its own qualifying warrant or documented emergency basis. The subsection mandates a single designated facial recognition operations group within the Department to handle all requests, and limits the technology to RMV systems, FBI systems, or software approved by the Executive Office of Technology Services and Security following a public hearing. All searches and FBI requests 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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 procedural requirements for emergency facial recognition searches conducted under the imminent-danger exception in (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 search results the agency must file a signed, sworn statement with the superior court setting forth the emergency grounds. This judicial oversight mechanism functions as a post-hoc check on warrantless biometric 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 6, § 220(a), and the process by which the defendant was selected as the most likely match.
Subsection (f) creates two distinct obligations triggered by criminal prosecution: first, all individuals charged with a crime who were identified using a facial recognition search must be notified of that fact pursuant to Rule 14 of the Massachusetts Rules of Criminal Procedure. Second, law enforcement agencies and district attorneys must provide comprehensive discovery to defendants and their attorneys, including search results (with other possible matches), the program or algorithm used, accuracy rates, audit testing records, operator identity and training, and the process by which the defendant was selected as the most likely match.
(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.M.G.L. c. 6, § 220(a) request and each facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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) requires the Department of State Police to document every facial recognition search request and search performed as a public record and report the data quarterly to the Executive Office of Public Safety and Security. The reported information is granular: date, time, system used, criminal offenses under investigation, number of matches, requesting officer identity and agency, warrant or emergency documentation, and presumed race and gender of the probe image subject as assessed by the conducting officer.
(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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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 on its website, by March 31 each year, aggregate data on the previous year's facial recognition searches — both those performed by the Department of State Police and those performed by the FBI on behalf of Massachusetts law enforcement. Published data must be disaggregated by requesting agency and must include warrant vs. emergency breakdowns by offense, as well as the race and gender of search subjects.
(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.M.G.L. c. 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.M.G.L. c. 6, § 220(a) requested and each facial recognition searchFacial recognition search"Facial recognition search", the use of facial recognition to analyze an image.M.G.L. c. 6, § 220(a) performed by its public officialsPublic official"Public official", any officer, employee, agent, contractor or subcontractor of any public agency.M.G.L. c. 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.M.G.L. c. 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 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 the Executive Office of Public Safety and Security. The required data fields are broadly similar to (g) but adapted for the non-law-enforcement context — replacing warrant/offense fields with the reason for the search and the identity of the person who conducted it.
(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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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) mirrors subsection (h) for non-law-enforcement public agencies. The Executive Office of Public Safety and Security must publish by March 31 each year data on all facial recognition searches performed by or at the request of non-law-enforcement public agencies, disaggregated by agency, including the race and gender of search subjects.
(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.M.G.L. c. 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.M.G.L. c. 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) imposes two additional categorical prohibitions on law enforcement beyond the general ban in (b). First, law enforcement may not use biometric surveillance to infer a person's emotions or affect — an emotion-recognition prohibition. Second, law enforcement may not use biometric surveillance to analyze moving images or video data, whether in real time or applied to archived footage. A narrow carve-out permits facial recognition on a still image extracted from moving images or video if authorized under subsection (d).
(l) Notwithstanding subsection (b), a law enforcement agencyLaw enforcement agency"Law enforcement agency", as defined in section 1 of chapter 6E.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 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.M.G.L. c. 6, § 220(a) or officer in violation of subsection (b).
Subsection (l) carves out three narrow exceptions to the general prohibition in (b): law enforcement may acquire and possess personal electronic devices (cell phones, tablets) that use facial recognition solely for user authentication; may acquire, possess, and use automated video or image redaction software so long as the software cannot perform facial recognition or other remote biometric recognition; and may receive crime-investigation evidence derived from biometric surveillance technology provided the use was not knowingly solicited by law enforcement in violation of (b).