Law enforcement agencies: facial recognition technology.

Existing law, generally, regulates state and local law enforcement agencies regarding subject matter that includes the selection and training of peace officers, the maintenance and release of records, the use of force, and the use of certain equipment. Previous law, until January 1, 2023, prohibited the use of real-time facial recognition technology by law enforcement agencies in connection with body-worn cameras. This bill would prescribe the acceptable and prohibited uses for facial recognition technology (FRT) , as defined, by a law enforcement agency or peace officer, as defined. The bill would set certain requirements for FRT systems and reference databases, as defined, used by law enforcement agencies. The bill would require the Department of Technology, in consultation with the Chief of the Office of Information Security, to issue standards to ensure the confidentiality and cybersecurity of FRT data and results. The bill would require law enforcement agencies to establish written policies that adhere to those standards. The bill would require law enforcement agencies utilizing FRT to keep certain records and to annually report certain data to the California State Auditor. The bill would require any law enforcement agency utilizing FRT to have a written policy, as specified, and to post that policy on their internet website. The bill would require a law enforcement agency to provide certain information to any person that FRT is used to identify. The bill would also require each district attorney's office, city prosecutor's office, and the Attorney General to annually report certain data to the California State Auditor. By imposing a new reporting requirement on district attorneys and city prosecutors, this bill would impose a state-mandated local program. The bill would require the California State Auditor to annually analyze the data submitted and to prepare and publicize a report, as specified. The bill would authorize a person harmed by a violation of these provisions to bring a civil action for damages, including statutory damages, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.