Bill Text: HI SB2005 | 2022 | Regular Session | Introduced
Bill Title: Relating To Violation Of Privacy.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-20 - Referred to GVO/EET, JDC. [SB2005 Detail]
Download: Hawaii-2022-SB2005-Introduced.html
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THE SENATE |
S.B. NO. |
2005 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to violation of privacy.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the unregulated and unfettered use of facial recognition poses unique and significant implications with respect to the civil rights and liberties of residents of and visitors to Hawai‘i. Facial recognition technology has already reportedly been used elsewhere in concerning ways that infringe on our collective civil rights, such as making false arrests or suppressing free speech. While there are limited circumstances in which the use of facial recognition may be necessary, its use must be properly balanced with the constitutional right to privacy, the immediate destruction of obtained data, and prohibitions on sharing that data.
The purpose of this Act is to establish limits on the government's use of facial recognition systems, with certain specified exceptions.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"CHAPTER
RESTRAINTS
ON THE USE OF FACIAL RECOGNITION TECHNOLOGY
§ -1 Purpose and scope. The purpose of this chapter is to place limits on the government's use of facial recognition systems, with certain specified exceptions.
§ -2 Applicability. This chapter shall not apply to a government official's personal use of a privately owned facial recognition system when the government official is acting in an unofficial capacity.
§ -3 Definitions. As used in this chapter:
"Facial recognition" means an automated or semiautomated process that:
(1) Assists in identifying or verifying an individual or capturing information about an individual based on the physical characteristics of the individual's face; or
(2) Uses characteristics of an individual's face, head, or body to infer emotion, associations, activities, or the location of the individual.
"Facial recognition system" means any computer software or application that performs facial recognition.
"Government" means the State, or any of its political subdivisions, departments, agencies, and instrumentalities, corporate or otherwise.
"Government official" means any person or entity acting on behalf of the State, or any of its political subdivisions, including any officer, employee, agent, contractor, subcontractor, or vendor.
§ -4 Restriction on government use of facial recognition. (a) Except as provided in subsection (b), it shall be unlawful for the government or any government official to obtain, retain, share, access, or use:
(1) Any facial recognition system; or
(2) Any information obtained from a facial recognition system.
(b) A facial recognition system or information obtained from a facial recognition system shall only be obtained, retained, shared, accessed, or used:
(1) By law enforcement agency personnel trained in the use of a facial recognition system:
(A) To compare surveillance photographs or videos to arrest booking photographs from the Hawaii criminal justice data center; or
(B) In a photo lineup conducted pursuant to section 801K-2;
(2) By driver's license and civil identification card issuing agencies to satisfy the requirements of the federal REAL ID Act of 2005, Public Law 109-13; or
(3) By the government or a government official:
(A) Upon a determination by the director of health that there is a potential for a serious outbreak of a communicable or dangerous disease or there is the likelihood of extensive injury or death;
(B) At state airports;
(C) In conjunction with thermal scanning technology; and
provided that information obtained from a facial recognition system shall be destroyed within sixty minutes after it is obtained.
(c) Information obtained from a facial recognition system shall not constitute probable cause for an arrest."
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Facial Recognition; Technology; Limitations; Government
Description:
Establishes limits on the government's use of facial recognition systems, with certain specified exceptions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
