As used in this part 3, unless the context otherwise
requires:
(1) Accountability report means a report developed pursuant to section 24-18-302 (2).
(2) Agency means:
(a) An agency of the state government or of a local government; or
(b) A state institution of higher education.
(3) Decisions that produce legal effects concerning individuals or similarly
significant effects concerning individuals means decisions that:
(a) Result in the provision or denial of financial and lending services, housing,
insurance, education enrollment, criminal justice, employment opportunities,
health-care services, or access to basic necessities such as food and water; or
(b) Impact the civil rights of individuals.
(4) Enroll, enrolled, or enrolling means:
(a) The process by which a facial recognition service:
(I) Creates a facial template from one or more images of an individual; and
(II) Adds the facial template to a gallery that is used by the facial recognition
service for recognition or persistent tracking of individuals; or
(b) The act of adding an existing facial template directly into a gallery that is
used by a facial recognition service.
(5) (a) Facial recognition service means technology that analyzes facial
features to facilitate the identification, verification, or persistent tracking of
individuals in still or video images.
(b) Facial recognition service does not include:
(I) The analysis of facial features to grant or deny access to an electronic
device;
(II) A generally available consumer product, including a tablet or
smartphone, that allows for the analysis of facial features in order to facilitate the
user's ability to manage an address book or still or video images for personal or
household use; or
(III) The use of an automated or semiautomated process by a law
enforcement agency for the purpose of redacting a recording for release or
disclosure to protect the privacy of a subject depicted in the recording, so long as
the process does not generate or result in the retention of any biometric data or
surveillance information.
(6) Facial template means a machine-interpretable pattern of facial
features that is extracted from one or more images of an individual by a facial
recognition service.
(7) Identification means the use of a facial recognition service by an
agency to determine whether an unknown individual matches any individual whose
identity is known to the agency and who has been enrolled by reference to that
identity in a gallery used by the facial recognition service.
(8) Local government means a statutory or home rule municipality, a
county, or a city and county.
(9) Meaningful human review means review or oversight by one or more
individuals who are trained in accordance with section 24-18-305 and who have the
authority to alter a decision under review.
(10) Nonidentifying demographic data means data that is not linked or
reasonably linkable to an identified or identifiable individual and includes
information about an individual's gender, race, ethnicity, age, or location.
(11) (a) Ongoing surveillance means the continual use of a facial recognition
service by an agency to track in real time the physical movements of a specified
individual through one or more public places.
(b) Ongoing surveillance does not include a single recognition or
attempted recognition of an individual if no attempt is made to subsequently track
that individual's movement over time after the individual has been recognized.
(12) Persistent tracking means the use of a facial recognition service by an
agency to track the movements of an individual on a persistent basis without
identification or verification of the individual. Tracking becomes persistent as soon
as:
(a) The facial template that permits the tracking is maintained for more than
forty-eight hours after first enrolling that template; or
(b) Data created by the facial recognition service is linked to any other data
such that the individual who has been tracked is identified or identifiable.
(13) Recognition means the use of a facial recognition service by an agency
to determine whether an unknown individual matches:
(a) Any individual who has been enrolled in a gallery used by the facial
recognition service; or
(b) A specific individual who has been enrolled in a gallery used by the facial
recognition service.
(14) Reporting authority means:
(a) For a local government agency, the city council, county commission, or
other local government agency in which legislative powers are vested; and
(b) For a state agency, the office of information technology created in
section 24-37.5-103.
(15) Verification means the use of a facial recognition service by an agency
to determine whether an individual is a specific individual whose identity is known
to the agency and who has been enrolled by reference to that identity in a gallery
used by the facial recognition service.