January 18, 2022

Volume XII, Number 18

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Baltimore Officially Bans Private Use of Facial Recognition Technology

Yesterday, Baltimore’s local ordinance prohibiting persons from “obtaining, retaining, accessing, or using certain face surveillance technology or any information obtained from certain face surveillance technology,” became effective.  The new ordinance prohibits the use of facial recognition technology by city residents, businesses, and most of the city government (excluding the city police department) until December 2022. Baltimore joins a growing list of localities regulating private use of facial recognition technology including Portland (Oregon), and New York City.

Specifically, the Baltimore ordinance prohibits an individual or entity from obtaining, retaining, or using facial surveillance system or any information obtained from a facial surveillance system within the boundaries of Baltimore city. “Facial surveillance system” is defined as any computer software or application that performs face surveillance. Notably, the Baltimore ordinance explicitly excluded from the definition of “facial surveillance system” a biometric security system designed specifically to protect against unauthorized access to a particular location or an electronic device, meaning organizations using a biometric security system for employee/visitor access to their facilities would appear to be still be permissible under the bill. The ordinance also excludes from its definition of “facial surveillance system” the Maryland Image Repository System (MIRS) used by the Baltimore City Police in criminal investigations.

Significantly, a person in violation of the law is subject to fine of not more than $1,000, imprisonment of not more than 12 months, or both fine and imprisonment.  Each day that a violation continues is considered a separate offense. The criminalization of use of facial recognition, is first of its kind across the United States.

Businesses in the City of Baltimore should be evaluating whether they are using facial recognition technologies, whether they fall into one of the exceptions in the ordinance, and if not what alternatives they have for verification, security, and other purposes for which the technology was implemented. An earlier post providing details and analysis of the Baltimore prohibition on face surveillance technology is available here.

Jackson Lewis P.C. © 2022National Law Review, Volume XI, Number 252
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About this Author

Principal

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm's Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and...

973- 538-6890
Jason C. Gavejian, Employment Attorney, Jackson Lewis, Principal, Restrictive Covenants Lawyer
Principal

Jason C. Gavejian is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. and a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

Mr. Gavejian represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination and wage and hour claims in both federal and state courts. Additionally, Mr. Gavejian regularly appears before administrative agencies,...

(973) 538-6890
Attorney

Maya Atrakchi is the Knowledge Management (“KM”) Attorney for Jackson Lewis P.C.’s Privacy, e-Communication and Data Security and International Employment Issues Practice Groups, and is based in the New York City, New York, office of Jackson Lewis P.C.

212-545-4000
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