Baltimore Enacts Facial Recognition Moratorium | Practical Law

Baltimore Enacts Facial Recognition Moratorium | Practical Law

Baltimore, Maryland has enacted an ordinance that bans private actors, individuals, and city government from using certain facial surveillance technologies within the city limits through the end of 2022, with potential to extend the ban through the end of 2027.

Baltimore Enacts Facial Recognition Moratorium

Practical Law Legal Update w-031-4437 (Approx. 3 pages)

Baltimore Enacts Facial Recognition Moratorium

by Practical Law Data Privacy Advisor
Published on 07 Sep 2021 • Maryland, USA (National/Federal)
Baltimore, Maryland has enacted an ordinance that bans private actors, individuals, and city government from using certain facial surveillance technologies within the city limits through the end of 2022, with potential to extend the ban through the end of 2027.
On August 9, 2021, the Baltimore Mayor's office approved Council Bill 21-0001, the Ordinance Concerning Surveillance Technology in Baltimore. The ordinance prohibits most uses of certain facial surveillance technology in Baltimore through the end of 2022 and requires the city to prepare and publicly post an annual surveillance report. The Baltimore City Council can extend the moratorium for up to five more years on a finding that it remains in the public interest. The ordinance does not apply to federal government, state government, or their contractors.
The ordinance prohibits:
  • Private entities, individuals, city government, and city government contractors from obtaining, retaining, accessing, or using a face surveillance system or any information obtained from such a system within Baltimore City.
  • City government from purchasing or otherwise obtaining a face surveillance system or engaging contractors for that purpose.
The ordinance defines a face surveillance system as any computer software or application that performs face surveillance, an automated or semi-automated process that identifies or confirms the identity of an individual based on their facial features.
However, the ordinance specifically carves out exceptions for:
  • Biometric security systems designed to prevent unauthorized access to a location or electronic device.
  • The Maryland Image Repository System, a database that includes items such as Maryland drivers' licenses and police booking photos.
  • Surveillance technology, which the ordinance defines as software, electronic devices or systems, or similar devices used, designed, or primarily intended to collect, retain, process, or share audio, visual, electronic, location, thermal, olfactory, or similar information specifically associated with an individual or group, or capable of being associated, including, but not limited to:
    • CCTV cameras;
    • A/V monitoring or recording technology, such as surveillance cameras, wide-angle cameras, and wearable body cameras; and
    • cell site simulators, automatic license plate readers, social media monitoring software, gunshot deduction, and other software or tools designed to forecast criminal activity or criminality.
Each day of noncompliance constitutes a separate offense against the ordinance, and each offense is a misdemeanor punishable by both:
  • A fine up to $1,000.
  • Imprisonment up to 12 months.
The ordinance goes into effect on September 8, 2021.