WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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 part: (1) "Face recognition systemFace recognition system"Face recognition system" means any computer software or application that performs face recognition.Tenn. Code Ann. § 38-1-801(a)(1)" means any computer software or application that performs face recognition; and (2) "Face recognition technologyFace recognition technology"Face recognition technology" means an automated or semi-automated process that assists in identifying an individual or capturing information about an individual, based on the physical characteristics of an individual's face.Tenn. Code Ann. § 38-1-801(a)(2)" means an automated or semi-automated process that assists in identifying an individual or capturing information about an individual, based on the physical characteristics of an individual's face.
(b) 1 A state or local law enforcement agency or law enforcement officer shall not obtain, retain, access, or use any face recognition systemFace recognition system"Face recognition system" means any computer software or application that performs face recognition.Tenn. Code Ann. § 38-1-801(a)(1) or any information obtained from a face recognition systemFace recognition system"Face recognition system" means any computer software or application that performs face recognition.Tenn. Code Ann. § 38-1-801(a)(1). This subsection (b) does not prohibit a law enforcement agency or law enforcement officer from lawfully assisting a federal law enforcement agency in a joint law enforcement activity during which the federal law enforcement agency uses federal face recognition technology. A state or local law enforcement agency or law enforcement officer shall not request, encourage, suggest, or otherwise initiate access to information or data from or use of an out-of-state face recognition systemFace recognition system"Face recognition system" means any computer software or application that performs face recognition.Tenn. Code Ann. § 38-1-801(a)(1).
This section establishes the bill's foundational definitions and its core prohibition. Face recognition system and face recognition technology are defined broadly to cover any software, application, or automated process that identifies individuals based on facial characteristics. The operative prohibition bars state and local law enforcement agencies and officers from obtaining, retaining, accessing, or using any face recognition system or derived information. The prohibition also extends to requesting or initiating access to out-of-state systems, closing a potential circumvention route. A narrow carve-out permits officers to lawfully assist federal agencies in joint activities where the federal agency uses its own face recognition technology.
(a) 2 Any data or information collected or derived from any use of face recognition technologyFace recognition technology"Face recognition technology" means an automated or semi-automated process that assists in identifying an individual or capturing information about an individual, based on the physical characteristics of an individual's face.Tenn. Code Ann. § 38-1-801(a)(2) in violation of § 38-1-801 is inadmissible in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other state or local authority.
(b) 2 Evidence derived from data or information collected from any use of face recognition technologyFace recognition technology"Face recognition technology" means an automated or semi-automated process that assists in identifying an individual or capturing information about an individual, based on the physical characteristics of an individual's face.Tenn. Code Ann. § 38-1-801(a)(2) in violation of § 38-1-801 is inadmissible in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other state or local authority.
(c) 3 Data or information collected using face recognition technologyFace recognition technology"Face recognition technology" means an automated or semi-automated process that assists in identifying an individual or capturing information about an individual, based on the physical characteristics of an individual's face.Tenn. Code Ann. § 38-1-801(a)(2) or derived from such data or information in violation of § 38-1-801 shall be considered unlawfully obtained, and must be irretrievably deleted from any document in possession of the state or in any court file or filing upon discovery.
This section establishes the evidentiary and data-handling consequences of a violation. Any data collected or derived from face recognition technology in violation of § 38-1-801 is categorically inadmissible in any trial, hearing, or proceeding before any state or local authority — including courts, grand juries, agencies, and legislative committees. The fruit-of-the-poisonous-tree doctrine is explicitly codified: derivative evidence is equally inadmissible. All such data must be irretrievably deleted from state-held documents and court files upon discovery.
(a) A person aggrieved by a violation of this part may file for injunctive relief, declaratory relief, or writ of mandamus in any court of competent jurisdiction to enforce this part. An action instituted under this section must be brought against the violating law enforcement agency or any other governmental agency with possession, custody, or control of data or information subject to this part, if necessary to effectuate compliance with this part.
(b) A person who has been subjected to face recognition technologyFace recognition technology"Face recognition technology" means an automated or semi-automated process that assists in identifying an individual or capturing information about an individual, based on the physical characteristics of an individual's face.Tenn. Code Ann. § 38-1-801(a)(2) in violation of § 38-1-801, or about whom information has been obtained, retained, accessed, or used in violation of § 38-1-802, may file an action in any court of competent jurisdiction against the law enforcement agency that used the face recognition systemFace recognition system"Face recognition system" means any computer software or application that performs face recognition.Tenn. Code Ann. § 38-1-801(a)(1) or the agency that obtained, retained, accessed, or used the information and is entitled to recover actual damages.
(c) A court shall award costs and reasonable attorneys' fees to a plaintiff who is the prevailing party in an action brought under this section.
This section creates a two-track enforcement mechanism through private litigation. Any aggrieved person may seek equitable relief — injunctive relief, declaratory relief, or a writ of mandamus — against the violating law enforcement agency or any governmental agency possessing unlawfully obtained data. Separately, any person directly subjected to face recognition technology or about whom information was unlawfully handled may sue for actual damages. Prevailing plaintiffs are entitled to mandatory awards of costs and reasonable attorneys' fees.
A violation of this part by a law enforcement officer shall result in consequences that may include retraining, suspension, or termination, subject to due process requirements.
This section addresses individual accountability for law enforcement officers who violate the face recognition ban. A violation may result in employment consequences including retraining, suspension, or termination, subject to due process. This supplements the private right of action against the agency by creating a personnel-level enforcement mechanism.