§ 77-23e-105 — Notice requirement.

(1) When capturing an image of an individual when the individual interacts with the government entity, the government entity shall notify the individual that the individual's image may be used in conjunction with facial recognition technology.
(2) At least 30 days before the day on which a government entity other than the department begins using a facial recognition system to conduct a facial recognition comparison on the government entity's image database, the government entity shall:

(2)(a) publish on the government entity's website:
(2)(a)(i) notice of the proposed use of facial recognition system;
(2)(a)(ii) a description of the image database on which the government entity plans to use the facial recognition system; and
(2)(a)(iii) information about how to provide public comment;
(2)(b) allow the public to submit written comments to the government entity within 15 days after the date of publication;
(2)(c) consider timely submitted public comments and the criteria established in this chapter in determining whether to proceed with the intended use of the facial recognition system; and
(2)(d) post notice of the final decision on the government entity's website.
(3) The process described in Subsection (2) does not create a right of appeal.

Legislative History

Enacted by Chapter 200, 2021 General Session