AI Frontier Institute

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

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House No. 4640 (a new draft of H1946, reported favorably by the Judiciary Committee on Oct. 23, 2025 and referred to House Ways and Means) has not been enacted. If enacted, it would replace section 220 of chapter 6 of the General Laws with new rules on facial recognition and biometric surveillance. Under subsection (b), absent express authorization in another law, it would be unlawful for law enforcement agencies or officers to acquire, possess, access or use biometric surveillance technology, or to ask third parties (including federal agencies) for information derived from it. Information obtained in violation would be inadmissible in any proceeding, except one alleging a violation of the section. Exceptions: the registrar of motor vehicles may use facial recognition to verify identity when issuing licenses, permits or documents under chapter 90, with state police assisting (subsection (c)). The state police may run, or ask the FBI to run, facial recognition searches only for specified purposes (subsection (d)): to assist the registrar; 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. A single facial recognition operations group within the department would handle requests. Only existing registrar or FBI systems, or software approved by the executive office of technology services and security after a public hearing, could be used. Emergency searches would require immediate documentation and a sworn statement filed with the superior court within 48 hours (subsection (e)). Defendants identified through a search would have to be given notice and access to related records, including other possible matches, the algorithm used, accuracy rates, audits and training (subsection (f)). The state police would have to record each search and report quarterly to the executive office of public safety and security, including the presumed race and gender of the person in the probe image (subsection (g)). That office would publish annual data by March 31 (subsection (h)). Non-law enforcement public agencies would have parallel record, quarterly reporting and annual publication duties (subsections (i) and (j)). Subsection (k) would bar law enforcement from using biometric surveillance to infer emotions or affect, or to analyze moving images or video, though facial recognition on a still image taken from video is allowed if authorized under subsection (d). Subsection (l) would permit devices that use facial recognition solely for user authentication, redaction software without recognition capability, and receipt of evidence derived from biometric surveillance that was not knowingly solicited in violation of subsection (b).

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