WA Rev Code § 43.386.010 (2021)
2021 Revised Code of Washington|Title 43 - State Government—Executive|Chapter 43.386 - Facial Recognition.|43.386.010 - Definitions.

RCW 43.386.010 Definitions.The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Accountability report" means a report developed in accordance with RCW 43.386.020.(2) "Enroll," "enrolled," or "enrolling" means the process by which a facial recognition service creates a facial template from one or more images of an individual and adds the facial template to a gallery used by the facial recognition service for recognition or persistent tracking of individuals. It also includes the act of adding an existing facial template directly into a gallery used by a facial recognition service.(3)(a) "Facial recognition service" means technology that analyzes facial features and is used by a state or local government agency for the identification, verification, or persistent tracking of individuals in still or video images.(b) "Facial recognition service" does not include: (i) The analysis of facial features to grant or deny access to an electronic device; or (ii) the use of an automated or semiautomated process for the purpose of redacting a recording for release or disclosure outside the law enforcement agency to protect the privacy of a subject depicted in the recording, if the process does not generate or result in the retention of any biometric data or surveillance information.(4) "Facial template" means the machine-interpretable pattern of facial features that is extracted from one or more images of an individual by a facial recognition service.(5) "Identification" means the use of a facial recognition service by a state or local government agency to determine whether an unknown individual matches any individual whose identity is known to the state or local government agency and who has been enrolled by reference to that identity in a gallery used by the facial recognition service.(6) "Legislative authority" means the respective city, county, or other local governmental agency's council, commission, or other body in which legislative powers are vested. For a port district, the legislative authority refers to the port district's port commission. For an airport established pursuant to chapter 14.08 RCW and operated by a board, the legislative authority refers to the airport's board. For a state agency, "legislative authority" refers to the technology services board created in RCW 43.105.285.(7) "Meaningful human review" means review or oversight by one or more individuals who are trained in accordance with RCW 43.386.060 and who have the authority to alter the decision under review.(8) "Nonidentifying demographic data" means data that is not linked or reasonably linkable to an identified or identifiable individual, and includes, at a minimum, information about gender, race or ethnicity, age, and location.(9) "Ongoing surveillance" means using a facial recognition service to track the physical movements of a specified individual through one or more public places over time, whether in real time or through application of a facial recognition service to historical records. It does not include a single recognition or attempted recognition of an individual, if no attempt is made to subsequently track that individual's movement over time after they have been recognized.(10) "Persistent tracking" means the use of a facial recognition service by a state or local government agency to track the movements of an individual on a persistent basis without identification or verification of that individual. Such tracking becomes persistent as soon as:(a) The facial template that permits the tracking is maintained for more than forty-eight hours after first enrolling that template; or(b) Data created by the facial recognition service is linked to any other data such that the individual who has been tracked is identified or identifiable.(11) "Recognition" means the use of a facial recognition service by a state or local government agency to determine whether an unknown individual matches:(a) Any individual who has been enrolled in a gallery used by the facial recognition service; or(b) A specific individual who has been enrolled in a gallery used by the facial recognition service.(12) "Verification" means the use of a facial recognition service by a state or local government agency to determine whether an individual is a specific individual whose identity is known to the state or local government agency and who has been enrolled by reference to that identity in a gallery used by the facial recognition service.[ 2020 c 257 § 2.]