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Client Alert: Baltimore City Bans Facial Recognition Technology

On September 8, 2021, an ordinance prohibiting  use of facial recognition technology in Baltimore City took effect.  The law, City of Baltimore Ordinance 21-038: Surveillance Technology in Baltimore, was passed by the Baltimore City Council in June and signed by Mayor Brandon Scott on August 9.  The new law bans the purchase of “face surveillance system[s]” by the Baltimore City government and prohibits the use (and even ownership) of these systems in Baltimore City by private persons/businesses.  “Face surveillance system” is defined as any computer software or application that performs an automated or semi-automated process that assists in identifying or verifying an individual based on the physical characteristics of the individual’s face. 
 
The ordinance excludes from the definition of “face surveillance system” certain biometric security systems and other common surveillance technology, such as automatic license plate readers, closed-circuit television cameras and gunshot detection hardware.  The ordinance also prohibits the gathering, retention, access or use of any information obtained from a face surveillance system, imposing civil penalties of up to $1,000, imprisonment for up to 12 months, or both, for any violation of the ordinance.  The law also requires the Director of Baltimore City Information and Technology to submit an annual report that details each purchase of surveillance technology by a Baltimore City agency, along with an explanation of the use of the purchased surveillance technology.  The ordinance will automatically expire at the end of next year without action by the City Council, but the expiration may be delayed up to five years should the City Council find it is in the public interest to extend the expiration date.    
 
In passing the law, Baltimore joins a small number of local jurisdictions – including Portland, Oregon and New York City – and states – including Illinois, Texas and Washington – in regulating the use of certain biometric technology.  The passage of local ordinances outlawing the use of biometric technology has been a controversial issue recently, and is sure to directly affect not only local governments but also businesses and citizens in the jurisdiction subject to these laws.  If you would like to discuss this issue further, please feel free to contact us.  Our team is always happy to inform on and assist with issues arising from the enactment of laws pertaining to emerging technologies.

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