(1)  When capturing an image of an individual when the individual interacts with the government entity, the government entity shall notify the individual that the individual’s image may be used in conjunction with facial recognition technology.

Terms Used In Utah Code 77-23e-105

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
    • (2)  At least 30 days before the day on which a government entity other than the department begins using a facial recognition system to conduct a facial recognition comparison on the government entity’s image database, the government entity shall:

    (a)  publish on the government entity’s website:

    (i)  notice of the proposed use of facial recognition system;

    (ii)  a description of the image database on which the government entity plans to use the facial recognition system; and

    (iii)  information about how to provide public comment;

    (b)  allow the public to submit written comments to the government entity within 15 days after the date of publication;

    (c)  consider timely submitted public comments and the criteria established in this chapter in determining whether to proceed with the intended use of the facial recognition system; and

    (d)  post notice of the final decision on the government entity’s website.

    (3)  The process described in Subsection (2) does not create a right of appeal.

    Enacted by Chapter 200, 2021 General Session

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