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<section article="ggp" article_name="General Provisions" number="4-320.1" title_number="4" title_name="Public Information Act" subtitle_number="3" subtitle_name="Denials of Inspection">
  <level label="a">
    <text>In this section, “facial recognition” means a biometric software application that identifies or verifies a person by comparing and analyzing patterns based on a person’s facial contours.</text>
  </level>
  <level label="b">
    <text>A custodian shall take reasonable steps to determine whether a person seeking access to a public record is doing so for the purpose of enforcing immigration law.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>Notwithstanding any other provision of this title a custodian shall deny inspection of the part of a public record that contains personal information or inspection of a photograph of an individual by any person seeking access for the purpose of enforcing immigration law, unless the custodian is provided with a valid warrant issued by a federal court or a court of this State that particularly describes the record to be accessed.</text>
    </level>
    <level label="2">
      <text>Notwithstanding any other provision of this title a custodian shall deny inspection using a facial recognition search of a digital photographic image or actual stored data of a digital photographic image by any person seeking access for the purpose of enforcing immigration law, unless the custodian is provided with a valid warrant issued by a federal court or a court of this State that particularly describes the record to be accessed.</text>
    </level>
    <level label="3">
      <text>On or before June 1, 2023, and each June 1 thereafter, the Motor Vehicle Administration, the Department of State Police, and the Department of Public Safety and Correctional Services shall, with respect to requests from government agencies seeking access for the purpose of immigration enforcement for personal information, a photograph of an individual, or a facial recognition search, whether or not the request was initiated through a State or local law enforcement agency, report to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information for the immediately preceding calendar year:</text>
      <level label="i">
        <text>the number of requests received from any government agency for personal information, a photograph of an individual, or a facial recognition search;</text>
      </level>
      <level label="ii">
        <text>the number of requests received from any government agency for personal information, a photograph of an individual, or a facial recognition search for which a valid warrant issued by a federal court or a court of this State was provided;</text>
      </level>
      <level label="iii">
        <text>the number and purpose of facial recognition searches completed for any government agency based on personal information or a photograph of an individual provided to the government agency by the Motor Vehicle Administration, the Department of State Police, or the Department of Public Safety and Correctional Services; and</text>
      </level>
      <level label="iv">
        <text>the number of individuals whose personal information or photograph was provided to any government agency by, respectively, the Motor Vehicle Administration, the Department of State Police, and the Department of Public Safety and Correctional Services.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>The Motor Vehicle Administration, the Department of State Police, and the Department of Public Safety and Correctional Services shall adopt regulations and procedures to implement, enforce, and ensure compliance with this section.</text>
  </level>
</section>
