City of Madison, Wisconsin | Legislative Information Center
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File #: 62413    Version: Name: Ban on Facial Recognition Technology
Type: Ordinance Status: Passed
File created: 9/29/2020 In control: Attorney's Office
On agenda: 12/1/2020 Final action: 12/1/2020
Enactment date: 12/15/2020 Enactment #: ORD-20-00117
Title: AMENDED 2nd SUBSTITUTE - Creating Section 23.64 of the Madison General Ordinances establishing a Ban on the Use of Face Surveillance Technology.
Sponsors: Rebecca Kemble, Max Prestigiacomo, Tag Evers, Michael E. Verveer, Grant Foster, Patrick W. Heck
Attachments: 1. Novmember 18, 2020 PSRC Registrants.pdf, 2. 62413 Version 1.pdf, 3. 62413 Version 2.pdf, 4. 62413 Version 3 - 2nd Substitute.pdf, 5. 62413 Version 4 - Alternate.pdf, 6. 12/1/20 Email Comments_62413.pdf
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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