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§ 4-320.1. Access for the purpose of enforcing federal immigration law

West's Annotated Code of MarylandGeneral ProvisionsEffective: January 5, 2022

West's Annotated Code of Maryland
General Provisions (Refs & Annos)
Title 4. Public Information Act (Refs & Annos)
Subtitle 3. Denials of Inspection (Refs & Annos)
Part II. Required Denials for Specific Records (Refs & Annos)
Effective: January 5, 2022
MD Code, General Provisions, § 4-320.1
§ 4-320.1. Access for the purpose of enforcing federal immigration law
Currentness
“Facial recognition” defined
(a) 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.
In general
(b)(1) Notwithstanding any other provision of this title, an officer, an employee, an agent, or a contractor of the State or a political subdivision shall deny inspection of the part of a public record that contains personal information or inspection of a photograph of an individual by any federal agency seeking access for the purpose of enforcing federal immigration law, unless the officer, employee, agent, or contractor is provided with a valid warrant issued by a federal court or a court of this State.
(2) Notwithstanding any other provision of this title, an officer, an employee, an agent, or a contractor of the State or a political subdivision shall deny inspection using a facial recognition search of a digital photographic image or actual stored data of a digital photographic image by any federal agency seeking access for the purpose of enforcing federal immigration law, unless the officer, employee, agent, or contractor is provided with a valid warrant issued by a federal court or a court of this State.
(3) 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 federal agencies seeking access for the purpose of federal 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:
(i) the number of requests received from any federal agency for personal information, a photograph of an individual, or a facial recognition search;
(ii) the number of requests received from any federal 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;
(iii) the number and purpose of facial recognition searches completed for any federal agency based on personal information or a photograph of an individual provided to the federal agency by the Motor Vehicle Administration, the Department of State Police, or the Department of Public Safety and Correctional Services; and
(iv) the number of individuals whose personal information or photograph was provided to any federal agency by, respectively, the Motor Vehicle Administration, the Department of State Police, and the Department of Public Safety and Correctional Services.

Credits

Added by Acts 2021, 1st Sp. Sess., c. 18, § 1, eff. Jan. 5, 2022.
MD Code, General Provisions, § 4-320.1, MD GEN PROVIS § 4-320.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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