Section 104 – Department use of facial recognition system with specific images — Restrictions.

• (1) The department is the only government entity in the state authorized to use a facial recognition system to conduct a facial recognition comparison on an image database that is maintained by or shared with the department.

• (2) The department may only use a facial recognition system:
  • (a) for a purpose authorized in Subsection 77-23e-103(2)(c); or
  • (b) notwithstanding Subsection 77-23e-103(2)(b), to:
    • (i) compare an image taken of an applicant for a license certificate or an identification card to determine whether the applicant has submitted a fraudulent or an inaccurate application; or
    • (ii) provide images for a photo lineup for a purpose authorized in Subsection 77-23e-103(2)(c).

• (3) Notwithstanding Subsection 77-23e-103(2)(a)(ii), a law enforcement agency shall submit a request to the department to use a facial recognition system on an image database maintained by the department through the Utah Criminal Justice Information System.

Enacted by Chapter 200, 2021 General Session