CA SB1038: Law enforcement: facial recognition and other biometric surveillance. Verified

Senate Bill 1038 amends Section 832.19 of the Penal Code to extend the prohibition on law enforcement agencies and officers from installing, activating, or using biometric surveillance systems indefinitely. This includes systems that utilize facial recognition technology in conjunction with officer cameras. The bill underscores the importance of privacy rights and civil liberties, particularly for marginalized populations, and aims to prevent the misuse of biometric data that could lead to misidentification and the creation of extensive surveillance databases. The bill applies to all law enforcement agencies in California, which includes police departments, sheriff’s departments, and various specialized law enforcement entities. There is no specified compliance deadline as the prohibition is extended indefinitely. Non-compliance could result in legal action for equitable or declaratory relief against the violating agency or officer. Key definitions in the bill include 'biometric data,' which refers to characteristics used to establish identity, and 'biometric surveillance system,' which encompasses any software that performs facial recognition or similar functions. The bill also clarifies that the use of mobile fingerprint scanning devices during lawful detentions is permissible, provided it does not generate or retain biometric data. This legislation aligns with similar privacy-focused laws in other states that restrict the use of facial recognition technology by law enforcement, reflecting a growing trend towards greater accountability and transparency in policing practices.