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AI Summary
AB2261 regulates facial recognition technology in California, focusing on privacy, testing, and accountability.
Business Impact
If you use facial recognition in public, you must notify and obtain consent or face penalties.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
AB2261 mandates privacy safeguards for facial recognition technology in California. It requires processors and controllers to enable testing and obtain consent, and agencies to report usage.
Key Provisions
- Section 1798.300: Legislative findings on facial recognition technology.
- Section 1798.310(a): Processors must enable independent testing of facial recognition services.
- Section 1798.310(d): Controllers must provide notice when deploying facial recognition in public premises.
- Section 1798.310(e): Consent requirements for enrolling individuals in facial recognition services.
- Section 1798.310(f): Human review required for decisions with legal effects on individuals.
- Section 1798.335: Agencies must produce and post accountability reports.
Latest Legislative Action
In committee: Held under submission.
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Edwin Chau D | Sponsor | HD-049 |
Roll Call Votes
A ·
Do pass as amended and be re-referred to the Committee on [Appropriations] ·
May 5, 2020
8 Yea
3 Nay
Passed ✓
Compliance Checklist
Implement privacy protocols for facial recognition technology usage.
Who: Businesses using facial recognition technology.
Penalty: Potential penalties for non-compliance.
Who: Businesses using facial recognition technology.
Penalty: Potential penalties for non-compliance.
Obtain consent from individuals before using facial recognition data.
Who: Businesses using facial recognition technology.
Penalty: Potential penalties for non-compliance.
Who: Businesses using facial recognition technology.
Penalty: Potential penalties for non-compliance.
Full Legal Analysis
Assembly Bill 2261, introduced by Assembly Member Chau, proposes adding Title 1.81.7 to the California Civil Code to regulate facial recognition technology. The bill requires processors of facial recognition services to provide technical capabilities for independent testing to assess accuracy and performance differences across subpopulations. Controllers must notify individuals and obtain consent before enrolling them in facial recognition services, except for specific security purposes. Agencies using facial recognition must produce accountability reports, communicate them to the public at least 90 days before operational use, post them online, and submit them to an unspecified agency. The bill prohibits agencies from using facial recognition for ongoing surveillance unless it pertains to a serious criminal offense. Violations may result in civil penalties, enforceable only by the Attorney General. Additionally, the bill mandates periodic training for individuals operating facial recognition services.
Official Source
Official Bill Text
View AB2261 on official legislature website →
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