HB 499 - AS INTRODUCED
2021 SESSION
21-0023
04/11
HOUSE BILL 499
AN ACT prohibiting the state from using a face recognition system.
SPONSORS: Rep. McGuire, Merr. 29; Rep. M. Smith, Straf. 6; Rep. Berch, Ches. 1; Rep.
Hopper, Hills. 2; Rep. T. Lekas, Hills. 37; Rep. Merchant, Sull. 4; Sen. Reagan,
Dist 17
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill prohibits the state from using face recognition technology.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 499 - AS INTRODUCED
21-0023
04/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT prohibiting the state from using a face recognition system.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Subdivision; Breaches of the Peace; Face Recognition Technology Prohibited. Amend
2 RSA 644 by inserting after section 22 the following new subdivision:
3 Face Recognition Technology Prohibited
4 644:23 Definitions. In this subdivision:
5 I. "Face recognition technology" means an automated or semi-automated process that assists
6 in identifying an individual or capturing information about an individual, based on the physical
7 characteristics of an individual's face. It shall not include the process by which an individual
8 visually identifies another individual by viewing a representation of the individual on a computer,
9 video recording, photograph, or other media.
10 II. "Ongoing surveillance" means the utilization of facial recognition technology to engage in
11 a sustained effort to track the physical movements of an identified individual through one or more
12 public places where such movements occur over a period of time greater than 72 hours, whether in
13 real time or through application of such technology to historical records. Ongoing surveillance shall
14 not include instances where facial recognition technology is utilized for a single identification or
15 attempted identification of an individual, if no subsequent attempt is made to track that individual’s
16 movement in real time or through the use of historical records after the individual has been
17 identified.
18 III. "State" means any department, agency, bureau, or administrative unit of the state of
19 New Hampshire, including any city, town, county, school district, or municipal entity therein.
20 644:24 Face Recognition Technology Prohibited.
21 I. No officer or employee of a state agency shall use facial recognition technology to engage
22 in ongoing surveillance of an individual or group of individuals in a public space, unless:
23 (a) The use of the facial recognition technology is in support of a law enforcement
24 activity; and
25 (b)(1) A court order has been obtained to allow the use of facial recognition technology
26 for ongoing surveillance of the individual or group of individuals; or
27 (2) An investigative or law enforcement officer:
28 (A) Reasonably determines that exigent circumstances and compelling law
29 enforcement needs make it impractical to obtain a court order;
30 (B) Reasonably determines that there are grounds for which a court order could
31 be obtained under subparagraph (A); and
 HB 499 - AS INTRODUCED
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1 (C) Causes an application for a court order to be made in accordance with
2 subparagraph (A) not later than 48 hours after the use of facial recognition technology to engage in
3 ongoing surveillance.
4 644:25 Evidence Inadmissible.
5 I. Any data or information collected or derived from the state’s own use of face recognition
6 technology in violation of this subdivision shall be inadmissible in any trial, hearing, or other
7 proceeding in or before any court or regulatory agency in the state of New Hampshire.
8 II.(a) An aggrieved individual who has been the subject of ongoing surveillance using facial
9 recognition technology, in any trial, hearing, or proceeding in or before any court, department,
10 officer, agency, regulatory body, or other authority of the state of New Hampshire or a political
11 subdivision thereof, may move to suppress information directly obtained through the use of facial
12 recognition technology, or evidence derived therefrom, in violation of this section, on the grounds
13 that:
14 (1) The information was unlawfully obtained;
15 (2) The order of authorization or approval under which the information was obtained
16 is insufficient on its face; or
17 (3) The use of facial recognition technology was not used in conformity with the
18 order of authorization or approval.
19 (b) Evidence obtained through the use of facial recognition technology that would
20 otherwise violate this section shall not be suppressed if the evidence was acquired by an officer or an
21 employee of an agency with an objectively reasonable belief that the use of facial recognition
22 technology was in compliance with this section.
23 2 Drivers' Licenses; Use of Face Recognition Technology Prohibited. RSA 263:40-b is repealed
24 and reenacted to read as follows:
25 263:40-b Use of Face Recognition Technology Prohibited. The department shall not allow access
26 to any of its digital representations of faces by any face recognition technology nor shall the
27 department use face recognition technology. No state agency, other than the department, shall
28 create or maintain a searchable database of face images.
29 3 Effective Date. This act shall take effect 60 days after its passage.