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)–(C) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (B) (1) "FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B)" MEANS A COMPUTER PROGRAM, SERVICE, OR OTHER TECHNOLOGY THAT ANALYZES FACIAL FEATURES AND IS USED BY OR AT THE DIRECTION OF A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) FOR THE IDENTIFICATION, VERIFICATION, OR PERSISTENT TRACKING OF INDIVIDUALS IN STILL OR VIDEO IMAGES FOR USE IN CRIMINAL INVESTIGATIONS. (2) "FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B)" DOES NOT INCLUDE TECHNOLOGY: (I) USED ONLY FOR THE ANALYSIS OF FACIAL FEATURES TO GRANT OR DENY ACCESS TO AN ELECTRONIC DEVICE; OR (II) THAT USES AN AUTOMATED OR SEMIAUTOMATED PROCESS ONLY FOR THE PURPOSE OF REDACTING A RECORDING OR AN IMAGE FOR RELEASE OR DISCLOSURE OUTSIDE A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) TO PROTECT THE PRIVACY OF A SUBJECT DEPICTED IN THE RECORDING OR IMAGE IF THE PROCESS DOES NOT GENERATE OR RESULT IN THE RETENTION OF ANY BIOMETRIC DATA OR SURVEILLANCE INFORMATION. (C) "LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C)" HAS THE MEANING STATED IN § 2–101 OF THE PUBLIC SAFETY ARTICLE.
This section establishes the key defined terms used throughout the subtitle. Facial recognition technology is defined broadly as any computer program, service, or technology that analyzes facial features when used by or at the direction of a law enforcement agency for identification, verification, or persistent tracking in criminal investigations. Two carve-outs exclude device-unlock technology and privacy-redaction tools that do not retain biometric data. Law enforcement agency incorporates the existing definition from the Public Safety Article.
(A) 1 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, RESULTS GENERATED BY FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) MAY NOT BE INTRODUCED IN A CRIMINAL PROCEEDING OR IN A DELINQUENCY PROCEEDING UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE.
(B)(1)–(2) 1 SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, RESULTS GENERATED BY FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) MAY BE CONSIDERED OR INTRODUCED AS EVIDENCE IN CONNECTION WITH A CRIMINAL PROCEEDING ONLY FOR THE PURPOSE OF ESTABLISHING PROBABLE CAUSE OR POSITIVE IDENTIFICATION: (I) IN CONNECTION WITH THE ISSUANCE OF A WARRANT; OR (II) AT A PRELIMINARY HEARING. (2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, RESULTS GENERATED BY FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) MAY NOT SERVE AS THE SOLE BASIS TO ESTABLISH PROBABLE CAUSE OR THE POSITIVE IDENTIFICATION OF AN INDIVIDUAL IN A CRIMINAL INVESTIGATION OR PROCEEDING. (II) PROBABLE CAUSE OR POSITIVE IDENTIFICATION MAY ONLY BE ESTABLISHED USING FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) IF THE RESULTS ARE SUPPORTED BY ADDITIONAL, INDEPENDENTLY OBTAINED EVIDENCE ESTABLISHING PROBABLE CAUSE OR A POSITIVE IDENTIFICATION.
This section restricts the evidentiary use of facial recognition results in criminal and juvenile delinquency proceedings. Results may only be introduced to establish probable cause or positive identification in connection with a warrant or at a preliminary hearing — never at trial or an adjudicatory hearing. Critically, results may never serve as the sole basis for probable cause or identification; they must be supported by additional, independently obtained evidence. An exclusionary rule bars results obtained in violation of the subtitle's procedural requirements, with a narrow exception paralleling the existing exclusionary-rule exceptions for violations of the use restrictions in § 2–503(A)(1).
(A)(1)(I)–(V) 2 A POLICE OFFICER OR OTHER EMPLOYEE OR AGENT OF A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) MAY NOT, IN THE FURTHERANCE OF A CRIMINAL INVESTIGATION: (I) USE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) TO INVESTIGATE A CRIME OTHER THAN THE COMMISSION OF OR THE ATTEMPT TO COMMIT: 1. A CRIME OF VIOLENCE AS DEFINED IN § 14–101 OF THE CRIMINAL LAW ARTICLE; 2. A HUMAN TRAFFICKING OFFENSE UNDER TITLE 3, SUBTITLE 11 OF THE CRIMINAL LAW ARTICLE; OR 3. A CRIMINAL ACT INVOLVING CIRCUMSTANCES PRESENTING A SUBSTANTIAL AND ONGOING THREAT TO PUBLIC SAFETY OR NATIONAL SECURITY; (II) ANALYZE AN IMAGE OR A RECORDING OF AN INDIVIDUAL: 1. ENGAGED IN ACTIVITY PROTECTED UNDER THE UNITED STATES CONSTITUTION, THE MARYLAND CONSTITUTION, OR THE MARYLAND DECLARATION OF RIGHTS, UNLESS THERE IS REASONABLE SUSPICION TO BELIEVE THAT THE INDIVIDUAL HAS COMMITTED, IS IN THE PROCESS OF COMMITTING, OR IS ABOUT TO COMMIT A CRIME; 2. SUSPECTED OF BEING A JUVENILE WHO IS INELIGIBLE TO BE CHARGED WITH A CRIMINAL ACT UNDER § 3–8A–03 OF THE COURTS ARTICLE; OR 3. WHO IS NOT INTENDED TO BE IDENTIFIED; (III) USE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) TO ANALYZE A SKETCH OR MANUALLY PRODUCED IMAGE; (IV) DISCLOSE TO A WITNESS IN THE CRIMINAL INVESTIGATION, PRIOR TO THE WITNESS PARTICIPATING IN A LIVE IDENTIFICATION OR PHOTO ARRAY IDENTIFICATION, THAT A PARTICULAR SUSPECT OR IMAGE OF A SUSPECT WAS IDENTIFIED USING FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B); OR (V) USE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) FOR THE PURPOSE OF LIVE OR REAL–TIME IDENTIFICATION OF AN IMAGE OR A RECORDING.
(A)(2) 3 AN IMAGE BEING EVALUATED USING FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) MAY BE COMPARED ONLY TO IMAGES CONTAINED IN: (I) THE DATABASE OF IMAGES OF DRIVER'S LICENSE AND IDENTIFICATION CARD PHOTOS MAINTAINED BY THE MOTOR VEHICLE ADMINISTRATION OR THE DEPARTMENT OF MOTOR VEHICLES OF ANOTHER STATE; OR (II) A DATABASE OF MUGSHOT PHOTOS MAINTAINED BY A LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT AGENCY OR A LAW ENFORCEMENT AGENCY OF ANOTHER COUNTRY.
(A)(3) 4 BEFORE BEING USED FOR ANY PURPOSE IN RELATION TO A CRIMINAL INVESTIGATION, A RESULT GENERATED BY FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) SHALL BE INDEPENDENTLY VERIFIED BY AN INDIVIDUAL WHO HAS COMPLETED TRAINING AND REQUIRED PROFICIENCY TESTING IN ACCORDANCE WITH § 2–505 OF THIS SUBTITLE.
(B)(1)–(4) 5 A POLICE OFFICER OR OTHER EMPLOYEE OR AGENT OF A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) MAY NOT USE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) TO IDENTIFY AN INDIVIDUAL SOLELY BASED ON: (1) THE POLICE OFFICER'S, EMPLOYEE'S, OR AGENT'S PERSONAL INTEREST NOT RELATED TO LEGITIMATE DUTIES OR OBJECTIVES OF THE LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C); (2) THE INDIVIDUAL'S POLITICAL OR SOCIAL BELIEFS OR ACTIVITIES; (3) THE INDIVIDUAL'S PARTICIPATION IN LAWFUL ACTIVITIES; OR (4) THE INDIVIDUAL'S RACE, COLOR, RELIGIOUS BELIEFS, SEXUAL ORIENTATION, GENDER, DISABILITY, NATIONAL ORIGIN, OR STATUS AS BEING HOMELESS.
(C)(1)–(3) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION AND SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A RESULT GENERATED BY FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) IN VIOLATION OF THIS SECTION, AND ALL OTHER EVIDENCE SUBSEQUENTLY DERIVED FROM THE RESULT, MAY NOT BE INTRODUCED BY THE STATE FOR ANY PURPOSE IN A CRIMINAL COURT PROCEEDING OR IN A JUVENILE COURT PROCEEDING UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. (2) EVIDENCE DERIVED FROM A RESULT GENERATED IN VIOLATION OF SUBSECTION (A)(1) OF THIS SECTION MAY BE INTRODUCED FOR A PURPOSE DESCRIBED IN § 2–502 OF THIS SUBTITLE IF THE COURT FINDS THAT THE EVIDENCE WOULD OTHERWISE BE SUBJECT TO A LEGALLY VALID EXCEPTION TO THE EXCLUSIONARY RULE. (3) THIS SUBSECTION MAY NOT BE CONSTRUED TO ALLOW THE USE OF A RESULT GENERATED USING FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) TO BE INTRODUCED AS EVIDENCE IN A CRIMINAL TRIAL OR IN AN ADJUDICATORY HEARING HELD UNDER § 3–8A–18 OF THE COURTS ARTICLE.
Section 2–503 is the core prohibition section, establishing both categorical bans and use-condition restrictions on facial recognition technology in criminal investigations. Subsection (A)(1) limits permissible uses: facial recognition may only be used to investigate crimes of violence, human trafficking, or acts involving a substantial ongoing threat to public safety or national security. It prohibits analyzing images of individuals engaged in constitutionally protected activity (absent reasonable suspicion), suspected juveniles ineligible for criminal charges, and persons not intended to be identified. Sketches and manually produced images may not be analyzed. Witness-tainting is prohibited — officers may not disclose to a witness that a suspect was identified via facial recognition before a lineup or photo array. Live or real-time identification is categorically prohibited.
Subsection (A)(2) restricts comparison databases to DMV photo databases and law enforcement mugshot databases. Subsection (A)(3) mandates independent verification of results by trained personnel before any investigative use. Subsection (B) prohibits use based on personal interest, political or social beliefs, lawful activity, or protected characteristics. Subsection (C) provides the exclusionary remedy for violations.
6 THE STATE SHALL DISCLOSE, IN ACCORDANCE WITH THE MARYLAND RULES REGARDING DISCOVERY, IF FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) HAS BEEN USED IN AN INVESTIGATION RELEVANT TO A CRIMINAL COURT PROCEEDING OR JUVENILE COURT PROCEEDING UNDER TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE AND ALL RESULTS GENERATED FROM THE USE OF THE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B).
This section imposes a discovery obligation on the State: when facial recognition technology has been used in an investigation relevant to a criminal or juvenile court proceeding, the State must disclose that fact and all results generated, in accordance with the Maryland Rules regarding discovery. This ensures defense counsel has access to facial recognition evidence for review and challenge.
(A) 7 A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) THAT USES OR CONTRACTS FOR THE USE OF FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) SHALL DESIGNATE AN EMPLOYEE OF THE LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) TO BE RESPONSIBLE FOR OVERSEEING AND ADMINISTERING THE USE OF FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) IN COMPLIANCE WITH THIS SUBTITLE AS WELL AS APPLICABLE LOCAL LAWS, REGULATIONS, AND POLICIES.
(B)(1)–(2) 8 BEGINNING OCTOBER 1, 2023, AND EACH OCTOBER 1 THEREAFTER, A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) THAT USES OR CONTRACTS FOR THE USE OF FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) SHALL COMPLETE AN AUDIT TO DETERMINE COMPLIANCE WITH THIS SUBTITLE AS WELL AS APPLICABLE LOCAL LAWS, REGULATIONS, AND POLICIES. (2) THE RESULTS OF THE AUDIT CONDUCTED UNDER THIS SUBSECTION, INCLUDING ANY RECORDS, DATA, PAPERS, OR MATERIALS EVALUATED AS PART OF THE AUDIT SHALL BE: (I) MAINTAINED BY THE LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) FOR AT LEAST 3 YEARS AFTER COMPLETION OF THE AUDIT, AFTER WHICH THE LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) MAY DESTROY ALL AUDIT MATERIALS; AND (II) UNLESS ALL AUDIT MATERIALS HAVE BEEN DESTROYED IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH, DISCLOSED IF REQUESTED BY: 1. THE ATTORNEY GENERAL; 2. THE PUBLIC DEFENDER; 3. A STATE'S ATTORNEY; 4. A UNITED STATES ATTORNEY; OR 5. A DESIGNEE OF AN INDIVIDUAL DESCRIBED IN ITEMS 1 THROUGH 4 OF THIS ITEM.
(C) 9 A POLICE OFFICER OR OTHER EMPLOYEE OR AGENT OF A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) AUTHORIZED TO USE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) IN THE COURSE OF CRIMINAL INVESTIGATIONS SHALL ANNUALLY COMPLETE TRAINING AND PROFICIENCY TESTING ADMINISTERED BY THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES UNDER § 2–506 OF THIS SUBTITLE.
Section 2–505 imposes three governance obligations on law enforcement agencies that use facial recognition technology. First, the agency must designate an employee to oversee and administer facial recognition use in compliance with the subtitle and all applicable local laws. Second, beginning October 1, 2023, each agency must complete an annual compliance audit; audit materials must be retained for at least three years and disclosed upon request to the Attorney General, Public Defender, State's Attorney, U.S. Attorney, or their designees. Third, officers authorized to use facial recognition must annually complete training and proficiency testing administered by the Department of Public Safety and Correctional Services.
(A)(1)–(4) 10 THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES, IN CONSULTATION WITH ANY OTHER RELEVANT STATE AGENCY, SHALL: (1) ADOPT AND PUBLISH A MODEL STATEWIDE POLICY REGARDING THE USE OF FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B); (2) DEVELOP AND ADMINISTER A TRAINING PROGRAM AND PROFICIENCY TESTING REGARDING THE USE OF FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) IN THE COURSE OF CRIMINAL INVESTIGATIONS, INCLUDING TRAINING AND TESTING ON CULTURAL DIVERSITY AND IMPLICIT BIAS; (3) REVIEW AND APPROVE A SINGLE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) FOR USE BY LAW ENFORCEMENT AGENCIES IN THE STATE; AND (4) PUBLISH ON ITS PUBLIC WEBSITE: (I) THE NAME, VERSION, AND VENDOR OF THE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) CURRENTLY APPROVED FOR USE UNDER ITEM (3) OF THIS SUBSECTION; AND (II) THE NAMES, VERSIONS, AND VENDORS OF ALL FACIAL RECOGNITION TECHNOLOGIES THAT THE DEPARTMENT HAS PREVIOUSLY APPROVED FOR USE UNDER ITEM (3) OF THIS SUBSECTION.
(B)(1)–(2) 11 A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) MAY NOT USE OR CONTRACT FOR THE USE OF FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) FOR USE IN CRIMINAL INVESTIGATIONS UNLESS: (1) THE USE IS IN ACCORDANCE WITH THE MODEL STATEWIDE POLICY REGARDING THE USE OF FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) ADOPTED AND PUBLISHED UNDER SUBSECTION (A) OF THIS SECTION; AND (2) THE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) IS CURRENTLY APPROVED FOR USE BY THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES UNDER SUBSECTION (A) OF THIS SECTION.
This section directs the Department of Public Safety and Correctional Services to establish the statewide governance infrastructure for facial recognition use. The Department must adopt and publish a model statewide use policy, develop and administer a training program with proficiency testing that includes cultural diversity and implicit bias components, and review and approve a single facial recognition technology for use by all law enforcement agencies statewide. The approved technology's name, version, and vendor — as well as those of all previously approved technologies — must be published on the Department's website. Law enforcement agencies may not use facial recognition technology unless it is the currently approved technology and the use conforms to the model policy.
(1)–(5) THIS SUBTITLE MAY NOT BE CONSTRUED TO RESTRICT THE USE OF FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) FOR THE PURPOSE OF: (1) IDENTIFYING A MISSING OR DECEASED PERSON OR A PERSON WHO IS INCAPACITATED AND UNABLE TO OTHERWISE PROVIDE THE PERSON'S OWN IDENTITY; (2) REDACTING A RECORDING OR AN IMAGE FOR RELEASE OR DISCLOSURE TO PROTECT THE PRIVACY OF AN INDIVIDUAL DEPICTED IN A RECORDING OR AN IMAGE; (3) FORENSIC ANALYSIS OF ELECTRONIC MEDIA SEIZED BY LAW ENFORCEMENT IN RELATION TO A SPECIFIC INVESTIGATION IF THE PERSON IDENTIFIED IN THE ELECTRONIC MEDIA IS NOT THE SUBJECT OF CRIMINAL CHARGES RESULTING FROM THE FORENSIC ANALYSIS; (4) ENHANCING SECURITY SYSTEMS FOR PREVENTING UNAUTHORIZED ACCESS TO INFORMATION, GOODS, MATERIALS, AREAS, OR OTHER PROPERTIES UNDER THE CUSTODY OR CARE OF A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C); OR (5) CONDUCTING OTHERWISE LEGITIMATE ACTIVITY UNRELATED TO A CRIMINAL INVESTIGATION.
This section is a savings clause that clarifies the subtitle does not restrict facial recognition use for five enumerated non-investigative purposes: identifying missing, deceased, or incapacitated persons; privacy redaction; forensic analysis of seized media where the identified person is not charged; physical security; and legitimate activity unrelated to criminal investigation. These carve-outs ensure the subtitle's restrictions apply only to the criminal-investigation context.
(A)–(B) 12 A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) THAT USES FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) SHALL ADOPT AND MAINTAIN A USE AND DATA MANAGEMENT POLICY. (B) A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) THAT DEVELOPS A POLICY UNDER SUBSECTION (A) OF THIS SECTION SHALL POST A COPY OF THE POLICY ON THE AGENCY'S PUBLIC WEBSITE.
This section requires every law enforcement agency that uses facial recognition technology to adopt and maintain a use and data management policy, and to post that policy on the agency's public website. This is a governance-documentation and transparency obligation that ensures both internal standards and public accountability for how facial recognition data is managed.
A PERSON MAY BRING A CIVIL ACTION AGAINST A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) TO COMPEL COMPLIANCE WITH THIS SUBTITLE.
This section creates a private right of action allowing any person to bring a civil action against a law enforcement agency to compel compliance with the subtitle. The remedy is injunctive — there are no specified monetary damages, statutory penalties, or attorney fee provisions.
(A)(1)–(9) 13 ON OR BEFORE FEBRUARY 1 EACH YEAR, A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) USING OR CONTRACTING FOR THE USE OF FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) SHALL PREPARE AND PUBLISH AN ANNUAL REPORT THAT DISCLOSES INFORMATION FOR THE PRIOR CALENDAR YEAR INCLUDING: (1) THE TOTAL NUMBER OF FACIAL RECOGNITION SEARCHES PERFORMED BY THE LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) AND THE TYPE OF CRIME OR INCIDENT ASSOCIATED WITH EACH USE; (2) THE TOTAL NUMBER OF POSSIBLE MATCHES RETURNED; (3) ANY DATA BREACHES OR UNAUTHORIZED USES OF FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) UNDER THE LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C)'S CONTROL; (4) THE EXTENT OF THE USE OF THE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B); (5) A DESCRIPTION OF THE PURPOSE OF THE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B), INCLUDING: (I) WHETHER RESULTS FROM THE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) WERE USED TO SUPPORT A DECISION OR AS THE SOLE BASIS FOR MAKING A DECISION; AND (II) THE INTENDED BENEFITS OF THE USE OF THE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B), INCLUDING ANY DATA OR RESEARCH DEMONSTRATING THE INTENDED BENEFITS; (6) A DESCRIPTION OF THE GENERAL CAPABILITIES AND LIMITATIONS OF THE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B), INCLUDING REASONABLY FORESEEABLE CAPABILITIES OUTSIDE THE SCOPE OF THE CURRENT USE OF THE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B); (7) THE TYPE OF DATA INPUTS THAT THE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) USED; (8) THE TYPE OF RESULTS THE FACIAL RECOGNITION TECHNOLOGYFacial recognition technology"Facial recognition technology" means a computer program, service, or other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations. "Facial recognition technology" does not include technology: (I) used only for the analysis of facial features to grant or deny access to an electronic device; or (II) that uses an automated or semiautomated process only for the purpose of redacting a recording or an image for release or disclosure outside a law enforcement agency to protect the privacy of a subject depicted in the recording or image if the process does not generate or result in the retention of any biometric data or surveillance information.Md. Code, Crim. Proc. § 2–501(B) GENERATED; AND (9) ANY KNOWN OR REASONABLY SUSPECTED VIOLATIONS OF THE MODEL STATEWIDE POLICY OR USE AND DATA MANAGEMENT POLICY, INCLUDING COMPLAINTS ALLEGING VIOLATIONS.
(B) 14 ON OR BEFORE MAY 1 EACH YEAR, A LAW ENFORCEMENT AGENCYLaw enforcement agency"Law enforcement agency" has the meaning stated in § 2–101 of the Public Safety Article.Md. Code, Crim. Proc. § 2–501(C) REQUIRED TO PREPARE A REPORT UNDER SUBSECTION (A) OF THIS SECTION SHALL SUBMIT THE REPORT TO THE GOVERNOR'S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.
(C) 15 ON OR BEFORE OCTOBER 1 EACH YEAR, THE GOVERNOR'S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES SHALL SUBMIT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY A REPORT CONSISTING OF THE INFORMATION REPORTED BY LAW ENFORCEMENT AGENCIES UNDER SUBSECTION (B) OF THIS SECTION, DISAGGREGATED BY AGENCY.
Section 2–510 imposes a detailed annual reporting obligation on law enforcement agencies using facial recognition technology. By February 1 of each year, agencies must prepare and publish a report covering the prior calendar year's facial recognition activity, including search volumes and associated crime types, match counts, data breaches, extent of use, purpose descriptions (including whether results served as the sole or supporting basis for decisions), capabilities and limitations of the technology, data inputs, result types, and any known or suspected policy violations. Reports must be submitted to the Governor's Office of Crime Prevention, Youth, and Victim Services by May 1, which in turn must submit a consolidated, agency-disaggregated report to the Governor and General Assembly by October 1.