Washington state adopts facial recognition rules critics view as too loose

By Paresh Dave

SAN FRANCISCO, March 31 (Reuters) – Washington Governor Jay Inslee on Tuesday signed into law curbs on law enforcement use of facial recognition, becoming the first state in the United States with sweeping restrictions on a technology that civil rights activists say should be barred.

Facial recognition software identifies individuals in photos and videos based on a database of known subjects. The technology has won over businesses and police in the last few years despite objections that it invades people’s privacy and exacerbates racial and gender biases.

Microsoft Corp, based in Redmond, Washington, sells facial recognition software and backed the new law. State Senator Joe Nguyen, who is a senior program manager at Microsoft, had sponsored the legislation.

It requires law enforcement agencies to obtain a warrant to run facial recognition scans, except in case of emergency. The software used must have a way to be independently tested for “accuracy and unfair performance differences” across skin tone, gender, age and other characteristics, according to the legislation, which applies to all public agencies in the state.

The law also requires training and public reporting around usage of facial recognition.

The American Civil Liberties Union of Washington said it was disappointed in the new law and that more discussion was needed on whether facial recognition “should be used at all.” It has called for a temporary moratorium on facial recognition usage.

Several cities, including San Francisco and Oakland, have banned government use of facial recognition, and California is among states that have banned facial recognition from being used in tandem with police body cameras.

Microsoft has said bans go too far and that real-world usage is needed to determine how best to regulate facial recognition. But other tech companies have disagreed. Sundar Pichai, chief executive of Google parent Alphabet Inc, said he was open to a “waiting period” before facial recognition is deployed.

Inslee vetoed part of the legislation that called for a task force to study the technology further and provide additional recommendations. He said there was no funding for the task force and suggested lawmakers instead solicit advice from local universities. (Reporting by Paresh Dave; Editing by Dan Grebler)