SB 688
Providing for 4th Amendment Restoration Act
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, the "Providing for 4th Amendment Restoration Act," aims to regulate the use of surveillance technologies, particularly facial recognition technology, by law enforcement agencies and political subdivisions in West Virginia. It establishes legislative findings regarding the potential threats to constitutional rights posed by these technologies and mandates the creation of a model policy for their responsible use. The bill prioritizes American-developed technology and restricts the use of real-time surveillance and other intrusive methods unless supported by probable cause.
Key provisions
- Prohibits the use of certain surveillance technologies (real-time monitoring, multimodal vehicle recognition, facial recognition, surveillance drones, license plate readers, and digital identity ecosystems) by law enforcement without a warrant.
- Requires the creation of a model facial recognition policy by a working group within the West Virginia Department of Homeland Security.
- Mandates that law enforcement agencies utilize American-developed facial recognition technology exclusively manufactured in the United States.
- Establishes minimum accuracy standards for facial recognition technology based on NIST testing.
- Requires law enforcement agencies to document instances of facial recognition technology use and provide a record of prior uses.
- Specifies data security and retention requirements for data collected using facial recognition technology.
- Prohibits the use of facial recognition technology to suppress civil liberties or establish sole support for probable cause.
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