Baltimore City Council
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File #: 20-0606    Version: 0 Name: Banning Face Surveillance Technology in Baltimore
Type: Ordinance Status: Failed - End of Term
File created: 9/21/2020 In control: Public Safety Committee
On agenda: Final action: 12/7/2020
Enactment #:
Title: Banning Face Surveillance Technology in Baltimore For the purpose of prohibiting Baltimore City government from purchasing or obtaining certain face surveillance technology; prohibiting Baltimore City government from contracting or subcontracting with another for the purpose of face surveillance technology; prohibiting any person in Baltimore City from obtaining, retaining, accessing, or using certain face surveillance technology or any information obtained from certain face surveillance technology; providing for certain penalties; and defining certain terms.
Sponsors: Kristerfer Burnett, Zeke Cohen, Mary Pat Clarke, Shannon Sneed, Ryan Dorsey, Mayor Brandon M. Scott, Sharon Green Middleton
Indexes: Banning, Face Surveillance Technology
Attachments: 1. 20-0606~1st Reader, 2. Law 20-0606, 3. Police 20-0606, 4. DOT 20-0606, 5. BCIT 20-0606

Explanation: Capitals indicate matter added to existing law.

[Brackets] indicate matter deleted from existing law.

 

                     * Warning: This is an unofficial, introductory copy of the bill.

                     The official copy considered by the City Council is the first reader copy.

                     Introductory*

 

                     City of Baltimore

                     Council Bill          

                                                                                                                                                           

Introduced by: Councilmember Burnett                                                                                            

                     

                     A Bill Entitled

 

An Ordinance concerning

title

Banning Face Surveillance Technology in Baltimore

For the purpose of prohibiting Baltimore City government from purchasing or obtaining certain face surveillance technology; prohibiting Baltimore City government from contracting or subcontracting with another for the purpose of face surveillance technology; prohibiting any person in Baltimore City from obtaining, retaining, accessing, or using certain face surveillance technology or any information obtained from certain face surveillance technology; providing for certain penalties; and defining certain terms.

body

 

By adding

Article 5 - Finance, Property, and Procurement

Section(s) 41-4

Baltimore City Code

(Edition 2000)

 

By adding

Article 19 - Police Ordinances

Section(s) 18-1 through 18-3, to be under the new subtitle,

“Subtitle 18.  Face Surveillance”

Baltimore City Code

(Edition 2000)

 

Section 1.  Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:

 

                     Baltimore City Code

 

                     Article 5.  Finance, Property, and Procurement

 

                     Subtitle 41.  Prohibited Contracts

 

§ 41-4.  Face surveillance technology.

 

(a)  Definitions.

 

(1)  In general.

 

In this section, the following terms have the meanings specified.

 

(2)  Face surveillance.

 

“Face surveillance” means an automated or semi-automated process that assists in identifying or verifying an individual based on the physical characteristics of the individual’s face.

 

(3)  Face surveillance system.

 

(i)  In general.

 

“Face surveillance system” means any computer software or application that performs face surveillance.

 

(ii)  Exclusion.

 

“Face surveillance system” does not include a biometric security system designed specifically to protect against unauthorized access to a particular location or an electronic device.

 

(b)  Purchase prohibited.

 

The City of Baltimore may not purchase or otherwise obtain a face surveillance system or face surveillance systems.

 

(c)  Contractor use prohibited.

 

The City of Baltimore may not contract with another entity or individual, either directly or as a subcontract, for the use of face surveillance in the City.

 

Article 19.  Police Ordinances

 

Subtitle 18.  Face Surveillance

 

§ 18-1.  Definitions.

 

(a)  In general.

 

In this subtitle, the following terms have the meanings specified.

 

(b)  Face surveillance.

 

“Face surveillance” means an automated or semi-automated process that assists in identifying or verifying an individual based on the physical characteristics of an individual’s face.

(c)  Face surveillance system.

 

(1)  In general.

 

“Face surveillance system” means any computer software or application that performs face surveillance.

 

(2)  Exclusion.

 

“Face surveillance system” does not include a biometric security system designed specifically to protect against unauthorized access to a particular location or an electronic device.

 

(d)  Person.

 

“Person” means:

 

(1)  an individual;

 

(2)  a partnership, firm, association, corporation, or other entity of any kind;

 

(3)  a receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind; or

 

(4)  except as used in _ 18-3 {“Penalties”} of this subtitle for the imposition of criminal penalties, a governmental entity or an instrumentality or unit of a governmental entity.

 

§ 18-2.  Use of face surveillance technology prohibited.

 

A person may not obtain, retain, access, or use in Baltimore City:

 

(1)  any face surveillance system; or

 

(2)  any information obtained from a face surveillance system.

 

§ 18-3.  Penalties.

 

(a)  In general.

 

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or both fine and imprisonment.

 

(b)  Each day a separate offense.

 

Each day that a violation continues is a separate offense.                                          

 

Section 2.  And be it further ordained, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.

 

Section 3.  And be it further ordained, That this Ordinance takes effect on the 30th day after the date it is enacted.