HB 1202 (2020), Chapter 446: facial recognition services in job interviews (Labor and Employment § 3-717)

Summary

Maryland's HB 1202 of 2020 (Chapter 446) added § 3-717 to the Labor and Employment Article. An employer may not use a facial recognition service to create a facial template during an applicant's job interview unless the applicant consents by signing a waiver. The waiver must state in plain language the applicant's name, the date of the interview, that the applicant consents to the use of facial recognition during the interview, and whether the applicant read the waiver. A facial recognition service is technology that analyzes facial features and is used to recognize or persistently track individuals in still or video images; a facial template is the machine-interpretable pattern of facial features such a service extracts from images of a person. The act was enacted under Article II, § 17(c) of the Maryland Constitution on May 8, 2020, and took effect on October 1, 2020. The section states no penalty or enforcement mechanism; the legislature's fiscal note expects any investigations to be handled by the Commissioner of Labor and Industry.

Key dates

1. May 8, 2020Enacted
2. October 1, 2020Takes effect
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 21, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. (b) An employer may not use a facial recognition service for the purpose of creating a facial template during an applicant's interview for employment unless an applicant consents under subsection (c) of this section.

   Supports: Prohibition unless the applicant consents

   (c) (1) An applicant may consent to the use of facial recognition service technology during an interview by signing a waiver.

   Supports: Consent by signed waiver

   (2) The waiver signed under paragraph (1) of this subsection shall state in plain language: (i) the applicant's name; (ii) the date of the interview; (iii) that the applicant consents to the use of facial recognition during the interview; and (iv) whether the applicant read the consent waiver.

   Supports: Contents of the waiver

   "Facial recognition service" means technology that analyzes facial features and is used for recognition or persistent tracking of individuals in still or video images.

   Supports: Definition of facial recognition service

   "Facial template" means the machine–interpretable pattern of facial features that is extracted from one or more images of an individual by a facial recognition service.

   Supports: Definition of facial template

   Labor and Employment § 3-717 (Statute Text) Maryland General Assembly Primary source

2. Chapter 446 (House Bill 1202)

   Supports: Chapter number and bill

   BY adding to Article – Labor and Employment Section 3–717 Annotated Code of Maryland

   Supports: Adds Labor and Employment § 3-717

   SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2020.

   Supports: Effective date October 1, 2020

   Enacted under Article II, § 17(c) of the Maryland Constitution, May 8, 2020.

   Supports: Enactment date and basis (May 8, 2020)

   Chapter 446 of 2020 (House Bill 1202) Maryland General Assembly Primary source

3. State Effect: Any investigations by the Commissioner of Labor and Industry due to the prohibition can be handled within existing budgeted resources.

   Supports: Expected investigating authority (Commissioner of Labor and Industry)

   HB 1202 Fiscal and Policy Note (2020 Session) Maryland Department of Legislative Services Primary source