Section 106 – Data protection and disclosure.

• (1) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, data relating to a facial recognition comparison may not be used or shared for any purpose other than a purpose described in this chapter.

• (2)
  • (a) Upon request, a government entity shall release statistical information regarding facial recognition comparisons, including:
    • (i) the different types of crime for which the government entity received a request;
    • (ii) how many requests the government entity received for each type of crime; and
    • (iii) the number of probable matches the government entity provided in response to each request.
  • (b) In responding to a request for a release of statistical information under Subsection (2)(a), a government entity may not disclose details regarding a pending investigation.

• (3)
  • (a) On or after August 1 but before October 15 of each year, a government entity that uses a facial recognition system to conduct a facial recognition comparison shall provide to the Government Operations Interim Committee a report that discloses:
    • (i) the different types of crime for which the department received a request;
    • (ii) how many requests the department received for each type of crime;
    • (iii) the number of probable matches the department provided in response to each request; and
    • (iv) the image source from which the department made each match.
  • (b) In responding to a request for a release of statistical information under Subsection (2)(a), a government entity may not disclose details regarding a pending investigation.

Enacted by Chapter 200, 2021 General Session