C.R.S. Section 24-18-307
Use of facial recognition service by law enforcement agencies

  • surveillance and tracking
  • prohibited uses
  • warrants

(1)

A law enforcement agency shall not use a facial recognition service to engage in ongoing surveillance, conduct real-time or near real-time identification, or start persistent tracking unless:

(a)

The law enforcement agency obtains a warrant authorizing such use;

(b)

Such use is necessary to develop leads in an investigation;

(c)

The law enforcement agency has established probable cause for such use; or

(d)

The law enforcement agency obtains a court order authorizing the use of the service for the sole purpose of locating or identifying a missing person or identifying a deceased person. A court may issue an ex parte order under this subsection (1)(d) if a law enforcement officer certifies and the court finds that the information likely to be obtained is relevant to locating or identifying a missing person or identifying a deceased person.

(2)

A law enforcement agency shall not apply a facial recognition service to any individual based on the individual’s religious, political, or social views or activities; participation in a particular noncriminal organization or lawful event; or actual or perceived race, ethnicity, citizenship, place of origin, immigration status, age, disability, gender, gender expression, gender identity, sexual orientation, or other characteristic protected by law.

(3)

A law enforcement agency shall not use a facial recognition service to create a record depicting any individual’s exercise of rights guaranteed by the first amendment of the United States constitution and by section 10 of article II of the state constitution.

(4)

A law enforcement agency shall not use the results of a facial recognition service as the sole basis to establish probable cause in a criminal investigation. The results of a facial recognition service may be used in conjunction with other information and evidence lawfully obtained by a law enforcement officer to establish probable cause in a criminal investigation.

(5)

A law enforcement agency shall not substantively manipulate an image for use in a facial recognition service in a manner not consistent with the facial recognition service provider’s intended use and training.

Source: Section 24-18-307 — Use of facial recognition service by law enforcement agencies - surveillance and tracking - prohibited uses - warrants, 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

§ 24-18-307’s source at colorado​.gov