5/5/2021Enacted by Chapter 200, 2021 General Session2021Government use of facial recognition system with image database -- Restrictions -- Process -- Disclosure. Except as provided in this section, in Section 77-23e-104, and in Section 77-23e-105, a government entity may not use a facial recognition system on an image database. Only a law enforcement agency may make a request for a government entity to conduct a facial recognition comparison using a facial recognition system. Except as provided in Subsection (2)(a)(iii), a law enforcement agency shall submit a request for a facial recognition comparison on an image database in writing to the government entity that manages the image database. A law enforcement agency shall submit a request for a facial recognition comparison on an image database shared with or maintained by the department in accordance with Section 77-23e-104. A trained employee who is employed by the government entity that maintains or has access to the image database shall complete the request if the request: is for a purpose described in Subsection (2)(c); includes a case identification number; and is, if it is a request made for the purpose of investigating a crime, supported by a statement of the specific crime and factual narrative to support that there is a fair probability that the individual who is the subject of the request is connected to the crime. An individual described in Subsection (2)(b) shall only comply with requests made for a purpose of: investigating a felony, a violent crime, or a threat to human life; or identifying an individual who is: deceased; incapacitated; or at risk and otherwise unable to provide the law enforcement agency with his or her identity. The law enforcement agency shall only use the facial recognition comparison: in accordance with the requirements of law; and in relation to a purpose described in Subsection (2)(c). A government entity may not use a facial recognition system for a civil immigration violation. To make a facial recognition comparison, a trained employee described in Subsection (2)(b) shall: use a facial recognition system that, in accordance with industry standards: makes the comparison using an algorithm that compares only facial biometric data; is secure; and is produced by a company that is currently in business; if the facial recognition system indicates a possible match, make an independent visual comparison to determine whether the facial recognition system's possible match is a probable match; if the trained employee determines that there is a possible match that is a probable match, seek a second opinion from another trained employee or the trained employee's supervisor; and if the other trained employee or the trained employee's supervisor agrees that the match is a probable match: report the result to the requesting law enforcement agency through an encrypted method; and return to the requesting law enforcement agency only a result that all trained employees agree is a probable match; or if the other trained employee or the trained employee's supervisor disagrees that there is a probable match, report the fact that the search returned no results to the requesting law enforcement agency. When submitting a case to a prosecutor, a law enforcement agency of the state or of a political subdivision shall disclose to the prosecutor, in writing: whether a facial recognition system was used in investigating the case; and if a facial recognition system was used: the information the law enforcement agency received in accordance with Subsection (4)(d)(ii); and a description of how the facial recognition comparison was used in the investigation.