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SB2005, introduced in Hawaii, seeks to regulate government use of facial recognition technology. It outlines specific exceptions for law enforcement and health emergencies.
Key Provisions
§-1 Purpose and scope: Limits on government use of facial recognition systems.
§-2 Applicability: Excludes personal use by government officials in unofficial capacity.
§-3 Definitions: Defines 'facial recognition' and related terms.
§-4 Restriction on government use: Specifies exceptions for law enforcement, REAL ID compliance, and health emergencies.
Latest Legislative Action
Referred to GVO/EET, JDC.
Bill Sponsors
Name
Role
District
Chris LeeD
Sponsor
SD-025
Karl RhoadsD
Sponsor
SD-013
Compliance Checklist
Review and adjust facial recognition technology use policies. Who: Government agencies and potentially affected private entities. Penalty: Potential penalties for non-compliance.
Full Legal Analysis
SB2005, titled 'Relating To Violation Of Privacy,' was introduced in the Hawaii State Legislature to establish limitations on the use of facial recognition systems by government entities. The bill specifies that government officials cannot use facial recognition systems or information obtained from them, except in certain circumstances. These exceptions include use by trained law enforcement personnel for comparing surveillance images with arrest booking photos, by agencies issuing driver's licenses to comply with the federal REAL ID Act, and during health emergencies as determined by the director of health. The bill mandates the destruction of information obtained from facial recognition systems within sixty minutes if used in health emergencies. Information from these systems cannot be used as probable cause for arrest. The bill does not specify penalties for violations. It was introduced on January 19, 2022, and referred to the GVO/EET and JDC committees on January 20, 2022.
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