Facial Recognition: A New Trend In State Regulation

Ten years ago, the average person did not know what facial recognition was. Now, especially after its use in locating persons involved in the January 6, 2021, riots at the US Capitol, almost everyone knows its utility and power to find anyone who shows up in a video or "snap." Many from both the left and the right sides of the aisle see its unregulated use as an intrusion into the privacy of the individual. State legislators, as explained below, are exercising their power to regulate the use of facial recognition by law enforcement and by private companies. The states are taking facial recognition regulation into their own hands while the federal government is at a standstill on passing privacy laws curbing the use of this powerful new software tool.