(1)  The department is the only government entity in the state authorized to use a facial recognition system to conduct a facial recognition comparison on an image database that is maintained by or shared with the department.

Terms Used In Utah Code 77-23e-104

  • Department: means the Department of Public Safety, created in Section 53-1-103. See Utah Code 77-23e-102
  • Facial recognition comparison: means the process of comparing an image or facial biometric data to an image database. See Utah Code 77-23e-102
  • Facial recognition system: means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare biometric data of the face of the unknown individual to facial biometric data of known individuals. See Utah Code 77-23e-102
  • Government entity: includes :
(i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity described in Subsection (5)(a) that is funded or established by the government to carry out the public's business; or
(ii) an individual acting as an agent of a government entity or acting on behalf of an entity described in this Subsection (5). See Utah Code 77-23e-102
  • Image database: means a database maintained by a government entity that contains images the government entity captures of an individual while the individual interacts with the government entity. See Utah Code 77-23e-102
  • Law enforcement agency: means a public entity that exists primarily to prevent, detect, or prosecute crime or enforce criminal statutes or ordinances. See Utah Code 77-23e-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (2)  The department may only use a facial recognition system:

    (a)  for a purpose authorized in Subsection 77-23e-103(2)(c); or

    (b)  notwithstanding Subsection 77-23e-103(2)(b), to:

    (i)  compare an image taken of an applicant for a license certificate or an identification card to determine whether the applicant has submitted a fraudulent or an inaccurate application; or

    (ii)  provide images for a photo lineup for a purpose authorized in Subsection 77-23e-103(2)(c).

    (3)  Notwithstanding Subsection 77-23e-103(2)(a)(ii), a law enforcement agency shall submit a request to the department to use a facial recognition system on an image database maintained by the department through the Utah Criminal Justice Information System.

    Enacted by Chapter 200, 2021 General Session

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