2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 18 - Standards of Conduct (§§ 24-18-101 — 24-18-309) › Part 2 - USE OF FACIAL RECOGNITION SERVICES BY STATE AND LOCAL GOVERNMENT AGENCIES (§§ 24-18-301 — 24-18-309) › Section 24-18-301 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Accountability report" means a report developed pursuant to section
24-18-302 (2)
.
(2)
"Agency" means:
(a)
An agency of the state government or of a local government; or
(b)
A state institution of higher education.
(3)
"Decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals" means decisions that:
(a)
Result in the provision or denial of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health-care services, or access to basic necessities such as food and water; or
(b)
Impact the civil rights of individuals.
(4)
"Enroll", "enrolled", or "enrolling" means:
(a)
The process by which a facial recognition service:
(I)
Creates a facial template from one or more images of an individual; and
(II)
Adds the facial template to a gallery that is used by the facial recognition service for recognition or persistent tracking of individuals; or
(b)
The act of adding an existing facial template directly into a gallery that is used by a facial recognition service.
(5)
(a)
"Facial recognition service" means technology that analyzes facial features to facilitate 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;
(II)
A generally available consumer product, including a tablet or smartphone, that allows for the analysis of facial features in order to facilitate the user's ability to manage an address book or still or video images for personal or household use; or
(III)
The use of an automated or semiautomated process by a law enforcement agency for the purpose of redacting a recording for release or disclosure to protect the privacy of a subject depicted in the recording, so long as the process does not generate or result in the retention of any biometric data or surveillance information.
(6)
"Facial template" means a machine-interpretable pattern of facial features that is extracted from one or more images of an individual by a facial recognition service.
(7)
"Identification" means the use of a facial recognition service by an agency to determine whether an unknown individual matches any individual whose identity is known to the agency and who has been enrolled by reference to that identity in a gallery used by the facial recognition service.
(8)
"Local government" means a statutory or home rule municipality, a county, or a city and county.
(9)
"Meaningful human review" means review or oversight by one or more individuals who are trained in accordance with section
24-18-305
and who have the authority to alter a decision under review.
(10)
"Nonidentifying demographic data" means data that is not linked or reasonably linkable to an identified or identifiable individual and includes information about an individual's gender, race, ethnicity, age, or location.
(11)
(a)
"Ongoing surveillance" means the continual use of a facial recognition service by an agency to track in real time the physical movements of a specified individual through one or more public places.
(b)
"Ongoing surveillance" 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 the individual has been recognized.
(12)
"Persistent tracking" means the use of a facial recognition service by an agency to track the movements of an individual on a persistent basis without identification or verification of the individual. 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.
(13)
"Recognition" means the use of a facial recognition service by an 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.
(14)
"Reporting authority" means:
(a)
For a local government agency, the city council, county commission, or other local government agency in which legislative powers are vested; and
(b)
For a state agency, the office of information technology created in section
24-37.5-103
.
(15)
"Verification" means the use of a facial recognition service by an agency to determine whether an individual is a specific individual whose identity is known to the agency and who has been enrolled by reference to that identity in a gallery used by the facial recognition service.
Added by 2022 Ch. 463, § 4, eff. 8/10/2022.
2022 Ch. 463, was passed without a safety clause. See Colo. Const. art. V, § 1(3).