RCW 43.386.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) “Accountability report” means a report developed in accordance with RCW 43.386.020. (2) “Enroll,” “enrolled,” or “enrolling” means the process by which a facial recognition service creates a facial template from one or more images of an […]
RCW 43.386.020 Notice of intent—Accountability report. (1) A state or local government agency using or intending to develop, procure, or use a facial recognition service must file with a legislative authority a notice of intent to develop, procure, or use a facial recognition service and specify a purpose for which the technology is to be […]
RCW 43.386.030 Meaningful human review—When required. A state or local government agency using a facial recognition service to make decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals must ensure that those decisions are subject to meaningful human review. Decisions that produce legal effects concerning individuals or similarly significant effects concerning […]
RCW 43.386.040 Testing—When required. Prior to deploying a facial recognition service in the context in which it will be used, a state or local government agency using a facial recognition service to make decisions that produce legal effects on individuals or similarly significant effects on individuals must test the facial recognition service in operational conditions. […]
RCW 43.386.050 Performance differences across subpopulations—Testing and mitigation. (1)(a) A state or local government agency that deploys a facial recognition service must require a facial recognition service provider to make available an application programming interface or other technical capability, chosen by the provider, to enable legitimate, independent, and reasonable tests of those facial recognition services […]
RCW 43.386.060 Training. A state or local government agency using a facial recognition service must conduct periodic training of all individuals who operate a facial recognition service or who process personal data obtained from the use of a facial recognition service. The training must include, but not be limited to, coverage of: (1) The capabilities […]
RCW 43.386.070 Disclosure to criminal defendants—Retention of records—Reporting of surveillance warrants. (1) A state or local government agency must disclose their use of a facial recognition service on a criminal defendant to that defendant in a timely manner prior to trial. (2) A state or local government agency using a facial recognition service shall maintain […]
RCW 43.386.080 Use for surveillance, real-time identification, or persistent tracking—When permitted—Restrictions on law enforcement use. (1) A state or local government agency may not use a facial recognition service to engage in ongoing surveillance, conduct real-time or near real-time identification, or start persistent tracking unless: (a) A warrant is obtained authorizing the use of the […]
RCW 43.386.090 Exemption—Federal regulations and orders—Airports and seaports. (1) This chapter does not apply to a state or local government agency that: (a) Is mandated to use a specific facial recognition service pursuant to a federal regulation or order, or that are undertaken through partnership with a federal agency to fulfill a congressional mandate; or […]
RCW 43.386.100 Exemption—Department of licensing—Drivers’ licenses, permits, and identicards. Nothing in this chapter applies to the use of a facial recognition matching system by the department of licensing pursuant to RCW 46.20.037. [ 2020 c 257 § 12.]
RCW 43.386.900 Findings—2020 c 257. The legislature finds that: (1) Unconstrained use of facial recognition services by state and local government agencies poses broad social ramifications that should be considered and addressed. Accordingly, legislation is required to establish safeguards that will allow state and local government agencies to use facial recognition services in a manner […]
RCW 43.386.901 Effective date—2020 c 257. Sections 1 through 9 and 11 through 13 of this act take effect July 1, 2021. [ 2020 c 257 § 14.]
