C.R.S. § 24-18-309: Use of facial recognition service - applicability and exemptions.

(1) Notwithstanding any provision of this part 3 to the contrary, this part 3 does not apply to:

(a) An agency that:

(I) Is required to use a specific facial recognition service pursuant to a federal regulation or order, or that uses a facial recognition service in partnership with a federal agency to fulfill a congressional mandate, fulfill aviation security directives, or comply with federal law;

(II) Uses a facial recognition service in association with a federal agency to verify the identity of individuals presenting themselves for travel at an airport; or

(III) Uses a facial recognition service in connection with a physical access control system in order to grant or deny access to a secure area;

(b) The use of a facial recognition service solely for research purposes by a state agency so long as the use does not result in or affect any decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals; or

(c) A utility.