An Act To Increase Privacy and Security by Prohibiting the Use of Facial Surveillance by Certain Government Employees and Officials
Maine Legislature, Session 130, LD 1585
Committee: Judiciary
Sponsors: LOOKNER, EVANGELOS, HARNETT, MORALES, O'NEIL, PLUECKER, TALBOT ROSS, WARREN, MAXMIN

Legislative Document
No. 1585
H.P. 1174
House of Representatives, April 27, 2021
An Act To Increase Privacy and Security by Prohibiting the Use of 
Facial Surveillance by Certain Government Employees and Officials
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative LOOKNER of Portland.
Cosponsored by Representatives: EVANGELOS of Friendship, HARNETT of Gardiner, 
MORALES of South Portland, O'NEIL of Saco, PLUECKER of Warren, TALBOT ROSS of 
Portland, WARREN of Hallowell, Senator: MAXMIN of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA Pt. 14 is enacted to read:
PART 14
SURVEILLANCE 
CHAPTER 701
FACIAL SURVEILLANCE
§6001.  Facial surveillance
1.  Definitions.  As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Facial surveillance" means an automated or semi-automated process that assists in 
identifying or verifying an individual, or in capturing information about an individual, 
based on the physical characteristics of an individual's face.
B.  "Facial surveillance system" means any computer software or application that 
performs facial surveillance.
C.  "Public employee" means a person employed by the State, a county, a municipality 
or any entity identified in statute as a public instrumentality.
D.  "Public official" means a person elected or appointed to a public office that is part 
of the State, a county, a municipality or any entity identified in statute as a public 
instrumentality.
2.  Public employee or public official use of facial surveillance.  The following 
provisions govern the use of facial surveillance by a public employee or public official.
A.  A public employee or public official may not:
(1)  Obtain, retain, possess, access or use a facial surveillance system or 
information derived from a facial surveillance system;
(2)  Enter into an agreement with a 3rd party for the purpose of obtaining, retaining, 
possessing, accessing or using, by or on behalf of a public employee or public 
official, a facial surveillance system; or
(3)  Issue a permit or enter into any other agreement that authorizes a 3rd party to 
obtain, retain, possess, access or use a facial surveillance system or information 
derived from a facial surveillance system.
B.  Nothing in paragraph A prohibits a public employee or public official from:
(1)  Using evidence relating to an investigation of a specific crime that may have 
been generated from a facial surveillance system;
(2)  Obtaining or possessing an electronic device, such as a cell phone or computer, 
for evidentiary purposes or an electronic device, such as a cell phone or tablet, that 
performs facial surveillance for the sole purpose of user authentication;
(3)  Using facial recognition on an electronic device, such as a cell phone or tablet, 
owned by a public employee or public official for the sole purpose of user 
authentication;
(4)  Using social media or communications software or applications for 
communicating with the public as long as such use does not include the affirmative 
use of facial surveillance;
(5)  Using automated redaction software as long as such software does not have 
the capability of performing facial surveillance; and
(6)  Complying with the National Child Search Assistance Act of 1990, 34 United 
States Code, Sections 41307 and 41308 (2021).
3.  Enforcement.  The following provisions govern enforcement.
A.  Facial surveillance data collected or derived in violation of this section must be 
considered unlawfully obtained and must be deleted upon discovery, subject to 
applicable law.
B.  Data collected or derived from any use of facial surveillance in violation of this 
section and evidence derived therefrom may not be received in evidence in any 
proceeding in or before any department, officer, agency, regulatory body, legislative 
committee or authority subject to the jurisdiction of the State.
C.  A violation of this section constitutes an injury, and a person may institute 
proceedings for injunctive relief, declaratory relief or writ of mandate in any court of 
competent jurisdiction to enforce this section.  An action instituted under this paragraph 
must be brought against the respective public employee or public official necessary to 
effectuate compliance with this section and any other governmental agency with 
possession, custody or control of data subject to this section.
D.  A violation of this section by a public employee or public official must result in 
consequences that may include retraining, suspension or termination, subject to due 
process requirements and provisions of a collective bargaining agreement.
E.  Nothing in this section may be construed to limit any individual's rights under state 
or federal law.
SUMMARY
This bill prohibits the use of facial surveillance by public employees and public 
officials subject to certain exceptions.