Definitions

As used in this chapter: (1) "Department" means the Department of Public Safety, created in Section 53-1-103. (2) "Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image. (3) (a) "Facial recognition comparison" means the process of comparing an image or facial biometric data to an image database. (b) "Facial recognition comparison" does not include biometric surveillance information as that term is defined in Section 77-23d-102. (4) (a) "Facial recognition system" means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare biometric data of the face of the unknown individual to facial biometric data of known individuals. (b) "Facial recognition system" does not include: (i) a system described in Subsection (4)(a) that is available for use, free of charge, by the general public; or (ii) a system a consumer uses for the consumer's private purposes. (5) (a) "Government entity" means: (i) an executive department agency of the state; (ii) the office of: (A) the governor; (B) the lieutenant governor; (C) the state auditor; (D) the attorney general; or (E) the state treasurer; (iii) the Board of Pardons and Parole; (iv) the Board of Examiners; (v) the National Guard; (vi) the Career Service Review Office; (vii) the State Board of Education; (viii) the Utah Board of Higher Education; (ix) the State Archives; (x) the Office of the Legislative Auditor General; (xi) the Office of Legislative Fiscal Analyst; (xii) the Office of Legislative Research and General Counsel; (xiii) the Legislature; (xiv) a legislative committee of the Legislature; (xv) a court, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch; (xvi) an institution of higher education as that term is defined in Section 53H-1-101; (xvii) an entity within the system of public education that receives funding from the state; or (xviii) a political subdivision of the state as that term is defined in Section 63G-7-102. (b) "Government entity" includes: (i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity described in Subsection (5)(a) that is funded or established by the government to carry out the public's business; or (ii) an individual acting as an agent of a government entity or acting on behalf of an entity described in this Subsection (5). (6) (a) "Image database" means a database maintained by a government entity that contains images the government entity captures of an individual while the individual interacts with the government entity. (b) "Image database" does not include publicly available information. (7) "Law enforcement agency" means a public entity that exists primarily to prevent, detect, or prosecute crime or enforce criminal statutes or ordinances. (8) "Trained employee" means an individual who is trained to make a facial recognition comparison and identification and who has completed implicit bias training.