In one paragraph
Kentucky's SB 180 would make it unlawful, without a court-approved warrant, for state and local agencies to obtain or use facial recognition technology or information derived from it, and would set consent, retention and disclosure rules for private entities holding biometric identifiers. Violations could be enforced by private suits or the Attorney General, and facial-recognition evidence would be inadmissible in Kentucky proceedings. Introduced February 6, 2024; sent to the Senate Judiciary Committee February 8, 2024. It died when the 2024 session ended.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill did not pass. It would have limited facial recognition use by government agencies and set consent and retention duties for private holders of biometric data.
Key provisions
- New KRS Chapter 454 section: unlawful, absent a court-approved warrant, for a state or local agency or official to obtain, retain, request, access or use facial recognition technology or information obtained by it; exception for missing persons or children with written consent of a family member or guardian
- Driver's license and ID photos could not be sold to any entity, or provided to a state or local agency for facial recognition without a warrant
- Private entities holding biometric identifiers would need a public written retention and destruction policy (destroy within 3 years of last interaction or when the purpose ends), prior written notice and a signed release before collecting, and could not sell or profit from the data
- Disclosure of biometric data limited to consent, completing a requested financial transaction, legal requirement, or a valid warrant or subpoena; data must be protected with the industry's reasonable standard of care
- New KRS Chapter 411 section: injunction or other relief by any person; prevailing party could recover $1,000 (negligent) or $5,000 (intentional or reckless) or actual damages if greater, plus attorney fees; Attorney General could sue for a $1,000 civil penalty per violation
- New sections in KRS Chapters 6, 13B, 23A, 24A and 29A, and a proposed Kentucky Rule of Evidence: information obtained through facial recognition inadmissible in legislative, administrative, court and grand jury proceedings
Latest legislative action
Feb 8, 2024. to Judiciary (S)
Sponsors (showing 5 of 6)
| Name | Role |
|---|---|
| A. Southworth | Primary |
| J. Adams | Primary |
| J. Higdon | Primary |
| M. McGarvey | Primary |
| M. Nemes | Primary |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error