(1)  Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, data relating to a facial recognition comparison may not be used or shared for any purpose other than a purpose described in this chapter.

Terms Used In Utah Code 77-23e-106

  • 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
(2) 

(a)  Upon request, a government entity shall release statistical information regarding facial recognition comparisons, including:

(i)  the different types of crime for which the government entity received a request;

(ii)  how many requests the government entity received for each type of crime; and

(iii)  the number of probable matches the government entity provided in response to each request.

(b)  In responding to a request for a release of statistical information under Subsection (2)(a), a government entity may not disclose details regarding a pending investigation.

(3) 

(a)  On or after August 1 but before October 15 of each year, a government entity that uses a facial recognition system to conduct a facial recognition comparison shall provide to the Government Operations Interim Committee a report that discloses:

(i)  the different types of crime for which the department received a request;

(ii)  how many requests the department received for each type of crime;

(iii)  the number of probable matches the department provided in response to each request; and

(iv)  the image source from which the department made each match.

(b)  In responding to a request for a release of statistical information under Subsection (2)(a), a government entity may not disclose details regarding a pending investigation.

Enacted by Chapter 200, 2021 General Session

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