Massachusetts Bill Puts Limit on Facial Scan Technology

(TNS) — Police agencies will be sharply limited in using facial recognition technology to solve crimes, detect threats or find suspects under a sweeping police reform proposal approved by the Massachusetts Legislature.

The raft of legislation, which passed the state House and Senate on Tuesday, includes a provision banning most government agencies from using the technology. The only exemption would the state Registry of Motor Vehicles, which already uses the systems to scan for potential ID fraud.

If police want to access the RMV's systems to solve a crime, they would need a felony warrant or must provide evidence that the data is needed to prevent "immediate danger of death or serious physical injury."

The registry would be required to publish an annual report on requests made by police for its data.

The 129-page reform bill aims to improve civilian oversight of policing in Massachusetts in the aftermath of  George Floyd's  killing by Minneapolis police. If signed by Gov.  Charlie Baker , the legislation will also ban police from using chokeholds in any situation; limit their use of tear gas, rubber bullets or police dogs; and create a new panel to certify officers and investigate police misconduct.

Another provision of the bill prohibits most state and local governments from using, possessing or working with any third-party on facial recognition technology.

Lawmakers who support the ban say there needs to be limits on the technology by local agencies and rules for its use.

Sen.  Cynthia Creem , D- Newton, who pushed for the ban, criticized the Baker administration for misusing facial recognition software. She said the ban sends "a message supporting civil liberties."

The police reform bill includes a requirement to study how the systems are used and whether they create privacy issues or contribute to racial profiling.

Senate Minority Leader  Bruce Tarr , who voted against the police reform bill, said the state shouldn't ban the technology while it's studied. He noted that it can be helpful.

"As much as facial recognition could be abused, it can also be used to save lives and exonerate the innocent," Tarr said in remarks on the Senate floor.

Law enforcement officials, who oppose many provisions of the reform bill, say an outright ban on the use of facial recognition technology will compromise their work.

"Establishing a committee to study the technology, that makes sense," said  Mark Leahy , executive director of the Massachusetts Association of Police Chiefs. "But to ban its use seems like another dramatic overreach."

Leahey said video surveillance and facial recognition systems have helped police crack kidnapping cases and find dangerous criminals, including the 2013 Boston Marathon bombers.

While state police use face surveillance technology for criminal investigations, it's unclear how widely the technology is used in Massachusetts.

Leahey said most police agencies can't afford to purchase the expensive hardware and software needed to operate facial recognition systems.

Law enforcement officials say the technology can make it easier to get information about suspects and threats than other biometric identifiers, such as fingerprints, which require close proximity and physical contact to obtain.

Each face has some 80 unique "nodal points" — across the eyes, nose, cheek and mouth — distinguishing one person from another. Facial recognition software matches real-time images to previous images by comparing those points and other features, similar to the way fingerprints are analyzed.

Critics, such as the American Civil Liberties Union of Massachusetts, say facial recognition systems are unproven and the technology isn't ready for widespread use.

Faces age over time and the technology doesn't always detect those changes. Recent studies of facial recognition systems have shown flaws, particularly when it comes to identifying minorities and people with darker skin.

(c)2020 The Eagle-Tribune (North Andover, Mass.). Distributed by Tribune Content Agency, LLC.