Bill Summary – FastDemocracy

SB 587
                       Department of Legislative Services
                             Maryland General Assembly
                                   2021 Session
                           FISCAL AND POLICY NOTE
                              Third Reader - Revised
Senate Bill 587                 (Senator Sydnor)
Judicial Proceedings                                                             Judiciary
                 Task Force on Facial Recognition Privacy Protection
This bill establishes the Task Force on Facial Recognition Privacy Protection to be staffed
by the Department of Legislative Services (DLS). The task force is required to study,
review, and make specified recommendations regarding facial recognition technology. The
task force must report its findings and recommendations to the Governor and the
General Assembly by December 6, 2021. The bill takes effect July 1, 2021, and
terminates June 30, 2022.
                                   Fiscal Summary
State Effect: Any expense reimbursements for task force members and staffing costs for
DLS are assumed to be minimal and absorbable within existing budgeted resources.
Revenues are not affected.
Local Effect: The bill does not materially affect local government operations or finances.
Small Business Effect: None.
                                        Analysis
Bill Summary: The task force must:
     study current and planned uses of facial recognition technology by State and local
      government agencies, as specified;
     review facial recognition technology, including the current and potential future
      capabilities of facial recognition technology;
      review regulatory improvements that may be made to the way facial recognition
       technology is used in order to enhance individual privacy rights;
      review federal, state, and local legislation and guidelines related to the use of facial
       recognition;
      review literature regarding facial recognition technology and its implication on
       constitutional rights; and
      make recommendations to set guardrails for the use of facial recognition technology
       by the State and local governments.
The chair of the task force is the member of the Senate of Maryland appointed to the
task force; the vice-chair is the member of the House of Delegates appointed to the
task force. Task force members may not receive compensation but are entitled to
reimbursement for expenses under the standard State travel regulations.
Current Law: There are no statutes governing the use of facial recognition services in the
State.
Additional Comments: The Maryland Image Repository System (MIRS) is facial
recognition software within the Department of Public Safety and Correctional Services that
allows law enforcement to compare images of unidentified individuals to images from
Motor Vehicle Administration records, inmate case records, and mugshots. People in
public places are never scanned by MIRS. MIRS only gives a probable list of potential
suspects to be followed up on by law enforcement, not a positive identification. Currently,
local law enforcement agencies in the State are responsible for establishing a policy
regarding the use of MIRS and decide when, where, and how it is used.
                                 Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s):      Montgomery and Prince George’s counties; Maryland
Association of Counties; Maryland Municipal League; Comptroller’s Office; Judiciary
(Administrative Office of the Courts); Office of the Public Defender; Department of
General Services; Department of Juvenile Services; Department of Natural Resources;
Department of Public Safety and Correctional Services; Department of State Police;
Maryland Department of Transportation; Department of Legislative Services
SB 587/ Page 2
Fiscal Note History:    First Reader - February 28, 2021
rh/jkb                  Third Reader - March 24, 2021
                               Revised - Amendment(s) - March 24, 2021
Analysis by: Shirleen M. E. Pilgrim               Direct Inquiries to:
                                                  (410) 946-5510
                                                  (301) 970-5510
SB 587/ Page 3
Statutes affected: 
Text - First - Facial Recognition Privacy Protection Act: 10-1701 State Government, 10-1702 State Government, 10-1703 State Government, 10-1704 State Government, 10-1709 State Government, 10-1705 State Government, 10-1706 State Government, 10-1707 State Government, 10-1708 State Government, 10-1709 State Government, 10-1710 State Government, 10-1711 State Government
Text - Third - Task Force on Facial Recognition Privacy Protection: 10-1701 State Government, 10-1702 State Government, 10-1703 State Government, 10-1704 State Government, 10-1709 State Government, 10-1705 State Government, 10-1706 State Government, 10-1707 State Government, 10-1708 State Government, 10-1709 State Government, 10-1710 State Government, 10-1711 State Government