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 defines key terms and establishes the bill's core prohibition: state and local law enforcement agencies and officers may not obtain, retain, access, or use any face recognition system or information derived from one. The prohibition extends to soliciting access to out-of-state face recognition systems. A narrow carve-out permits lawful assistance to federal agencies in joint law enforcement activities where only the federal agency operates its own face recognition technology.
The prohibition is notable for its breadth — it covers not just active use but also passive retention of, and access to, face recognition data and systems. The anti-circumvention clause preventing officers from requesting or initiating access to out-of-state systems closes a potential loophole.
(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 a comprehensive exclusionary rule for face recognition data obtained in violation of § 38-1-801. Both the directly collected data and any derivative evidence are inadmissible in any proceeding — judicial, administrative, or legislative. Additionally, any unlawfully obtained data must be irretrievably deleted from all state documents and court files upon discovery, creating an affirmative data-destruction obligation rather than merely barring its use at trial.
(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 two distinct private enforcement mechanisms. First, any aggrieved person may seek injunctive relief, declaratory relief, or a writ of mandamus against the violating law enforcement agency or any other governmental agency with possession of the data. Second, a person directly subjected to face recognition technology in violation, or about whom information was unlawfully obtained, may sue for actual damages. Prevailing plaintiffs are entitled to mandatory attorneys' fees and costs.
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 imposes personnel consequences on individual law enforcement officers who violate the face recognition ban. Consequences may include retraining, suspension, or termination, subject to due process requirements. This provision creates an internal accountability mechanism distinct from the private right of action in § 38-1-803, which runs against the agency rather than the individual officer.