Amendment ID: S2800-107

Amendment 107

Building Systems Exemption

Messrs. Feeney and Eldridge move to amend the bill by striking subsection (b) of Section 65 and inserting in place thereof the following subsection:-

(b) From the effective date of this act until December 31, 2021, inclusive, an agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or a political subdivision thereof, or any agent, contractor or subcontractor thereof, shall not acquire, possess, access or use any biometric surveillance system or any information derived from a biometric surveillance system operated by another entity; provided, however, that this paragraph shall not apply to the: (i) acquisition, possession or use of facial recognition technology by the registrar of motor vehicles for the purposes of verifying a person’s identity when issuing licenses, permits or other documents under chapter 90 of the General Laws; (ii) acquisition or possession of personal electronic devices, such as a cell phone or tablet, that uses facial recognition technology for the sole purpose of user authentication; (iii) acquisition, possession or use of automated video or image redaction software if such software does not have the capability of performing facial recognition or other remote biometric recognition; (iv) acquisition, possession or use of building systems that use facial recognition technology within or about a building or other structure for occupant access, physical security or life safety purposes; or (v) the receipt of evidence related to the investigation of a crime derived from a biometric surveillance system if such evidence was not knowingly solicited by or obtained with the assistance of the agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or a political subdivision thereof, or any agent, contractor or subcontractor thereof. Except in a judicial proceeding alleging a violation of this subsection, information obtained in violation of this subsection shall not be admissible in any criminal, civil, administrative or other proceeding.