44-15-108 Use of facial recognition technology by state and local government agencies -- when permitted -- restrictions on use -- exemption

44-15-108 . Use of facial recognition technology by state and local government agencies -- when permitted -- restrictions on use -- exemption. (1) A state or local government agency may use, or contract with a third-party vendor for the use of, facial verification if the state or local government agency first provides a written use and privacy policy regarding facial recognition technology. The written policy must include, at a minimum:

(a) the specific purpose for facial verification by the state or local government agency;

(b) the length of term for which facial biometric data is being collected or stored; and

(c) notice that facial biometric data may not be collected on an individual without prior written consent by the individual.

(2) The state or local government agency must include an option for access to services without the use of facial verification.

(3) A third-party vendor who is contracted with a state or local government agency shall provide a copy of its written policies in accordance with 44-15-109 for use with the notice requirement outlined in subsection (1).

(4) A state or local government agency shall report the use of facial recognition technology pursuant to subsection (1) to the information technology board created in 2-15-1021 .

(5) This part does not apply to a state or local government agency that uses facial verification in association with a federal agency to verify the identity of individuals presenting themselves for travel at an airport or other port.