On March 31, 2020, Jay Inslee, the governor of Washington,
signed into law "An Act Relating to the Use of Facial
Recognition Services." The new law, which takes effect July 1,
2021, regulates the use of facial recognition technology by state
and local government agencies, without banning the technology
outright. In light of the law's measured approach and the
backing it received from Microsoft, it is being hailed as a model
for other states and the federal government. This client alert
highlights areas of the new law of particular interest to providers
of facial recognition services.
The Purpose of the New Law
The law establishes safeguards designed to allow state and local
government agencies to use facial recognition services in a manner
that benefits society, while protecting freedoms and civil
liberties. The law notes that state and local government agencies
may use facial recognition services to locate or identify missing
or deceased persons, including