AI Frontier Institute

To implement the recommendations of the special commission on facial recognition technology

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House No. 1946 (Massachusetts, 2025-2026) has not been enacted. It is in committee, and its history says it "accompanied a new draft, see H4640." If enacted, it would strike and replace Section 220 of Chapter 6 of the General Laws to carry out the recommendations of the special commission on facial recognition technology. It defines "biometric surveillance technology," "facial recognition," and "other remote biometric recognition." Under subsection (b), and absent express authorization in another law, law enforcement agencies and officers could not acquire, possess, use, or help develop biometric surveillance technology. They also could not ask third parties, including federal agencies, for information derived from it. Information obtained in violation would be inadmissible in most proceedings. Subsection (c) lets the registrar of motor vehicles use facial recognition to verify identity when issuing licenses, permits, and other documents under chapter 90. Subsection (d) lets the state police run facial recognition searches, or ask the FBI to run them, in four cases: to execute a judge-authorized warrant based on probable cause of a felony; in an emergency involving immediate danger of death or serious injury; to identify a deceased person; or on behalf of another agency that had a warrant or documented its reason in writing. Searches must go through a single facial recognition operations group. The state police may use only existing registrar or FBI technology, or software approved by the executive office of technology services and security after a public hearing. Subsection (e) requires emergency searches to be documented immediately and narrowly tailored. A sworn statement must be filed with the superior court within 48 hours. Subsection (f) requires notice to defendants identified by a search. It also requires broad disclosure of search records, including other possible matches, the algorithm used, its accuracy rate, audits, and training. Subsections (g) through (j) require public-record logging and quarterly reporting to the executive office of public safety and security. Reports must include the presumed race and gender of the person in the probe image. That office must publish annual data by March 31, covering both law enforcement and non-law-enforcement public agencies. Subsection (k) bans law enforcement from using biometric surveillance to infer emotions or affect. It also bans analyzing moving images or video, but facial recognition on a still image taken from video is allowed if authorized under subsection (d). Subsection (l) permits devices that use facial recognition only for user authentication, redaction software that cannot perform recognition, and receipt of evidence derived from biometric surveillance, provided law enforcement did not knowingly solicit it in violation of subsection (b).

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