{"data":{"id":"us-ut/utah-code-77-23e-103","jurisdiction":"us-ut","citation":"Utah Code § 77-23e-103","heading":"Government use of facial recognition system with image database -- Restrictions -- Process -- Disclosure.","body":"(1) Except as provided in this section, in Section 77-23e-104, and in Section 77-23e-105, a government entity may not use a facial recognition system on an image database.\n(2)\n(a)\n(i) Only a law enforcement agency may make a request for a government entity to conduct a facial recognition comparison using a facial recognition system.\n(ii) Except as provided in Subsection (2)(a)(iii), a law enforcement agency shall submit a request for a facial recognition comparison on an image database in writing to the government entity that manages the image database.\n(iii) A law enforcement agency shall submit a request for a facial recognition comparison on an image database shared with or maintained by the department in accordance with Section 77-23e-104.\n(b) A trained employee who is employed by the government entity that maintains or has access to the image database shall complete the request if the request:\n(i) is for a purpose described in Subsection (2)(c);\n(ii) includes a case identification number; and\n(iii) is, if it is a request made for the purpose of investigating a crime, supported by a statement of the specific crime and factual narrative to support that there is a fair probability that the individual who is the subject of the request is connected to the crime.\n(c) An individual described in Subsection (2)(b) shall only comply with requests made for a purpose of:\n(i) investigating a felony, a violent crime, or a threat to human life; or\n(ii) identifying an individual who is:\n(A) deceased;\n(B) incapacitated; or\n(C) at risk and otherwise unable to provide the law enforcement agency with his or her identity.\n(d) The law enforcement agency shall only use the facial recognition comparison:\n(i) in accordance with the requirements of law; and\n(ii) in relation to a purpose described in Subsection (2)(c).\n(3) A government entity may not use a facial recognition system for a civil immigration violation.\n(4) To make a facial recognition comparison, a trained employee described in Subsection (2)(b) shall:\n(a) use a facial recognition system that, in accordance with industry standards:\n(i) makes the comparison using an algorithm that compares only facial biometric data;\n(ii) is secure; and\n(iii) is produced by a company that is currently in business;\n(b) if the facial recognition system indicates a possible match, make an independent visual comparison to determine whether the facial recognition system's possible match is a probable match;\n(c) if the trained employee determines that there is a possible match that is a probable match, seek a second opinion from another trained employee or the trained employee's supervisor; and\n(d)\n(i) if the other trained employee or the trained employee's supervisor agrees that the match is a probable match:\n(A) report the result to the requesting law enforcement agency through an encrypted method; and\n(B) return to the requesting law enforcement agency only a result that all trained employees agree is a probable match; or\n(ii) if the other trained employee or the trained employee's supervisor disagrees that there is a probable match, report the fact that the search returned no results to the requesting law enforcement agency.\n(5) When submitting a case to a prosecutor, a law enforcement agency of the state or of a political subdivision shall disclose to the prosecutor, in writing:\n(a) whether a facial recognition system was used in investigating the case; and\n(b) if a facial recognition system was used:\n(i) the information the law enforcement agency received in accordance with Subsection (4)(d)(ii); and\n(ii) a description of how the facial recognition comparison was used in the investigation.","path":["Title 77 Criminal Procedure","Chapter 77-23e Government Use of Facial Recognition Technology"],"source_url":"https://le.utah.gov/xcode/Title77/Chapter23e/77-23e-S103.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"71f7048fd90d7f3b82ca91a8da95e1daf4347b3db5d349a6af002545a81ec97c","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-77-23e-102","next":"us-ut/utah-code-77-23e-104"},"notice":"GroundRules: Original legal text. Not legal advice."}