C.R.S. Section 24-18-304
Use of facial recognition service

  • testing required before use in certain contexts
  • testing capability required
  • exemption

(1)

Except as described in subsection (4) of this section, before deploying a facial recognition service in a context in which it will be used to make decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals, an agency must test the facial recognition service in operational conditions. An agency must take reasonable steps to ensure best quality results by following all guidance provided by the developer of the facial recognition service.

(2)

Intentionally left blank —Ed.

(a)

Except as described in subsection (4) of this section, an agency that deploys a facial recognition service shall require the facial recognition service provider to make available an application programming interface or other technical capability, chosen by the provider, to enable legitimate, independent, and reasonable tests of the facial recognition service for accuracy and to identify unfair performance differences across distinct subpopulations, including subpopulations that are defined by visually detectable characteristics such as:

(I)

Race, skin tone, ethnicity, gender, age, or disability status; or

(II)

Other protected characteristics that are objectively determinable or self-identified by the individuals portrayed in the testing dataset.

(b)

If the results of independent testing identify material unfair performance differences across subpopulations, the provider must develop and implement a plan to mitigate the identified performance differences within ninety days after receipt of the results.

(c)

Subsection (2)(a) of this section does not require a provider to disclose proprietary material or make available an application programming interface or other technical capability in a manner that would increase the risk of cyber attacks. Providers bear the burden of minimizing these risks when making an application programming interface or other technical capability available for testing purposes.

(3)

Nothing in this section requires an agency to collect or provide data to a facial recognition service provider to satisfy the requirements in subsection (1) of this section.

(4)

The requirements of subsections (1) and (2) of this section do not apply if the facial recognition service provider is a participant in the face recognition vendor test ongoing project of the national institute of standards and technology.

Source: Section 24-18-304 — Use of facial recognition service - testing required before use in certain contexts - testing capability required - exemption, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑18‑101
Legislative declaration 24‑18‑102
Definitions 24‑18‑103
Public trust - breach of fiduciary duty 24‑18‑104
Rules of conduct for all public officers, members of the general assembly, local government officials, and employees 24‑18‑105
Ethical principles for public officers, local government officials, and employees 24‑18‑106
Rules of conduct for members of the general assembly 24‑18‑107
Ethical principles for members of the general assembly 24‑18‑108
Rules of conduct for public officers and state employees 24‑18‑108.5
Rules of conduct for members of boards and commissions 24‑18‑109
Rules of conduct for local government officials and employees 24‑18‑110
Voluntary disclosure 24‑18‑112
Board of ethics for the executive branch - created - duties 24‑18‑113
Board of ethics for the general assembly - created - duties 24‑18‑201
Interests in contracts 24‑18‑202
Interest in sales or purchases 24‑18‑203
Voidable contracts 24‑18‑204
Dealings in warrants and other claims prohibited 24‑18‑205
Settlements to be withheld on affidavit 24‑18‑206
Penalty 24‑18‑301
Definitions 24‑18‑302
Notice of intent to use facial recognition service - accountability reports - public review and comment - notice - exemption 24‑18‑303
Use of facial recognition service - meaningful human review of certain decisions required 24‑18‑304
Use of facial recognition service - testing required before use in certain contexts - testing capability required - exemption 24‑18‑305
Use of facial recognition service - training of users required 24‑18‑306
Use of facial recognition service - record keeping required 24‑18‑307
Use of facial recognition service by law enforcement agencies - surveillance and tracking - prohibited uses - warrants 24‑18‑308
Use of facial recognition service by agencies - disclosure to criminal defendant required - warrants 24‑18‑309
Use of facial recognition service - applicability and exemptions
Green check means up to date. Up to date

Current through Fall 2024

§ 24-18-304’s source at colorado​.gov