Finding a Broadly Practical Approach for Regulating the Use of Facial Recognition by Law Enforcement

Format:

Book

Author/Creator:

Peterson, Samuel

Contributor:

Jackson, Brian A.

Treyger, Elina

Woods, Dulani

Language:

English

Place of Publication:

RAND Corporation 2023

Summary:

Technological advances in society often have implications for policing. Much as fingerprinting and DNA evidence were groundbreaking advances that have been used to solve serious crimes, remote biometric identification, such as facial recognition (FR), is rapidly developing and being used in policing. This has significant implications for legislators and policymakers, criminal justice officials, and society in general that should be understood, and further developments should limit the potential risks while maximizing the benefits of such technology. This report examines current and near-future uses of FR by law enforcement and identifies the various concerns and related policy domains that could be used to guide public policy. The authors examine the various dimensions along which use of FR for law enforcement purposes can be considered, summarize the variety of policies and views about FR acceptability, and review a wide range of relevant considerations when making these decisions about FR use and policy options that fall between the extremes of permissive use and banning law enforcement use of the technology altogether. To inform this effort, the authors conducted a literature and document review, interviews with subject-matter experts, and a nationally representative survey of public perceptions of FR use by law enforcement. The authors also present a road map to help policymakers navigate the concerns about FR. The authors explain the different components of a policy and management structure for FR and how requirements for transparency and oversight that are responsive to different levels of trust in police agencies may be addressed.