Fiscal Note
No City appropriation required.
Title
AMENDED 2nd SUBSTITUTE - Creating Section 23.64 of the Madison General Ordinances establishing a Ban on the Use of
Face Surveillance Technology.
Body
DRAFTER'S ANALYSIS: This ordinance creates a ban on the use of
face surveillance technology.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Section 23.64 entitled “Banning Use of
Face Surveillance Technology” of the Madison General Ordinances is created to read as follows:
“23.64 BANNING USE OF
FACE SURVEILLANCE TECHNOLOGY
(1) Definitions.
“Department” means any agency, department, or division of the City.
“
Face surveillance” means an automated or semi-automated process that assists in identifying or verifying an individual based on the physical characteristics of an individual’s
face.
“
Face surveillance system” means any computer software or application that performs
face surveillance.
(2) All Departments are not permitted to obtain, retain, possess, access or use any
face surveillance system.
(3) All Departments are not permitted to obtain, retain, possess, access or use any information derived from a
face surveillance system.
(4) Exemptions. This Section does not apply to the following:
(a) Using information that may have been generated from a
face surveillance system, so long as such information was not generated by or at the request of any Department, though a Department may request information specifically to identify and/or locate individuals who are victims of human trafficking, child sexual exploitation or missing children.
(b) Obtaining or possessing an electronic device, such as a cell phone or tablet, that performs
face surveillance for the sole purpose of user authentication.
(c) Using
face recognition on an electronic device, such as a cell phone or table, for the sole purpose of user authentication.
(d) Using social media or communicatio...
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