California Senate Passes Statewide Ban On Facial Recognition Tech Use By Law Enforcement

San Francisco has already banned the use of facial recognition tech by local law enforcement. Oakland did the same thing a couple of months later. Pretty soon, it's not going to matter where you are in California. If you're a law enforcement agency, facial recognition tech is off-limits. Here's the latest news on the biometric front from the EFF.

A.B. 1215, authored by Assemblymember Phil Ting, prohibits the use of face recognition, or other forms of biometric technology, on a camera worn or carried by a police officer in California for three years. The Assembly passed an earlier version of the bill with a 45-17 vote on May 9. Today's vote of the Senate was 22-15. We are pleased that the Senate has listened to the growing number of voices who oppose the way government agencies use face surveillance.

The bill doesn't just ban facial recognition tech. It also targets other biometric surveillance methods that have been enjoying the side benefits of mission creep over the past several years.

(1) "Biometric data" means a physiological, biological, or behavioral characteristic that can be used, singly or in combination with each other or with other information, to establish individual identity.

(2) "Biometric surveillance system" means any computer software or application that performs facial recognition or other biometric surveillance.

(3) "Facial recognition or other biometric surveillance" means either of the following, alone or in combination:

(A) An automated or semiautomated process that captures or analyzes biometric data of an individual to identify or assist in identifying an individual.

(B) An automated or semiautomated process that generates, or assists in generating, surveillance information about an individual based on biometric data.

It forbids direct use by California law enforcement agencies, as well as prevents them from asking agencies outside the state (including federal agencies) from deploying this tech on their behalf. It also blocks state agencies from using cameras (body, dash, stationary) that utilize this tech.

If this bill is signed into law, California will become the first state to ban this tech. Existing bans by two major cities make this decision a whole lot easier and greases the logistical wheels for statewide deployment. In doing so, state legislators are showing they recognize the negative effects of unchecked surveillance deployment. Much of what the state is seeking to curb is listed on the bill's statement of intent, which makes it clear this government isn't willing to sacrifice its citizens and their freedoms to make law enforcement's job a little easier.

The use of facial recognition and other biometric surveillance is the functional equivalent of requiring every person to show a personal photo identification card at all times in violation of recognized constitutional rights. This technology also allows people to be tracked without consent. It would also generate massive databases about law-abiding Californians, and may chill the exercise of free speech in public places.

In addition, facial recognition still isn't great at the thing it's supposed to do: recognize faces. Early adopters have been generally unconcerned about the tech's unreliability, putting the onus on citizens and legislators to rein it in before it does any major damage. So far, California seems to be ahead of the curve, limiting its use prior to law enforcement rollout.

Other cities and states can do the same thing, but as it stands now, only three cities in the US have bans in place. And two of them are in California. Hopefully more legislation like this is on the way elsewhere -- bans that put citizens ahead of government agencies and their innate desire to place the people they serve under surveillance.