A Massachusetts commission to study facial recognition technology and make recommendations for future rules regarding its use
Professor Dyson submitted article: Privacy Commissioners Issue Report on Clearview AI’s Facial Recognition Tool
Friday, November 19, 2021, at 11:00 A.M. (Virtual Meeting)
Agenda:
Commissioners Present:
Commissioners Absent:
Chair Day called the meeting to order and gave introductory remarks.
The Commission reviewed the minutes circulated for the October 15, 2021, meeting. No comments or edits were made. Motion to approve made by Chair Eldridge, seconded by Commissioner O’Keefe, and unanimously approved by members present.
Chair Day gave an update on responses received to the surveys sent to law enforcement and prosecuting agencies regarding their use of facial recognition.
The Commission read and reviewed the report outline and statutory charge.
The Commission then engaged in an open discussion regarding government use of facial recognition in the Commonwealth, including government use of facial recognition beyond law enforcement, observations and concerns relative to the use of this technology, and recommendations for future use.
Chair Eldridge advised members that the next meeting is scheduled to take place on Friday, December 17, 2021, at 11:00 am.
Chair Day and Chair Eldridge gave closing remarks. Motion to adjourn was made by Chair Eldridge and seconded by Commissioner O’Keefe. The meeting ended.
Friday, October 15, 2021, at 11:00 A.M. (Virtual Meeting)
Agenda:
Commissioners Present:
Commissioners Absent:
Chair Eldridge called the meeting to order, gave introductory remarks, and welcomed Major Mark Cyr, who is replacing Major Scott Range on the Commission.
The Commission reviewed the minutes circulated for the September 17, 2021, meeting. No comments or edits were made. Motion made by Chair Day, seconded by Commissioner O’Keefe, and unanimously approved by members present.
Chair Eldridge gave an update on responses to the initial and follow up surveys sent to law enforcement and prosecuting agencies regarding their use of facial recognition.
The Commission read and reviewed the statutory charge.
The Commission then engaged in an open discussion regarding government use of facial recognition in the Commonwealth, including the use of facial recognition before Chapter 253 of the Acts of 2020 (commonly referred to as “Police Reform Law”), facial recognition after Police Reform Law, the regulation of facial recognition in other jurisdictions, observations and concerns relative to the use of this technology, and recommendations for future use.
Chair Eldridge advised that the next meeting is scheduled to take place on Friday, November 19, 2021, at 11:00 am.
Chair Eldridge and Chair Day gave closing remarks and the meeting ended.
Friday, September 17, 2021, at 11:00 A.M. (Virtual Meeting)
Agenda:
Commissioners Present:
Commissioners Absent:
Chair Day called the meeting to order and gave introductory remarks.
Chair Day invited a motion to approve minutes circulated for the July 30, 2021, meeting. No comments or edits were made. Motion made by Chair Eldridge, seconded by Commissioner Ogilvie, and unanimously approved by members present.
Chair Day recognized Major Scott Range on his retirement and congratulated him on behalf of the commission.
The Commission reviewed and discussed responses received thus far to the Initial Survey sent to law enforcement and prosecuting agencies.
The Commission reviewed and discussed questions to be included in a Follow-Up Survey to law enforcement and prosecuting agencies who responded affirmatively to using facial recognition technology in the Initial Survey.
Chair Day noted that the next meeting is scheduled to take place on October 15, 2021, at 11 am, and will include a review of responses to the Follow-Up Survey, discussion of topics for future meetings, and plan for commission deliberations.
Chair Day gave closing remarks and welcomed a motion to adjourn the meeting. Chair Eldridge moved, Commissioner O’Keefe seconded, and the meeting ended.
Friday, July 30, 2021, at 11:00 A.M. (Virtual Meeting)
Commissioners Present:
Commissioners Absent:
Chair Eldridge called the meeting to order, and he and Chair Day gave introductory remarks.
Chair Eldridge invited a motion to approve minutes circulated for the July 9, 2021, meeting. Motion made by Commissioner Crockford, seconded by Chair Day, and unanimously approved by members present.
Chair Eldridge began the public testimony portion of the meeting. Commissioners heard from various persons and organizations regarding government use of facial recognition technology in the Commonwealth.
Chair Day led a review of draft information requests to local law enforcement and prosecuting agencies and solicited feedback from Commissioners on the content and format of the requests.
Chair Day led a discussion on topics for future commission meetings, including inviting specific facial recognition users and companies to speak to the commission.
Chair Eldridge noted that the next meeting would take place after Labor Day, made closing remarks, and ended the meeting.
Friday, July 9, 2021 at 1:00 p.m. (Virtual Meeting) https://malegislature.gov/Events/Hearings/Detail/3838
Agenda:
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Chair Day opened the meeting, welcomed members, and made introductory remarks.
Chair Day recognized Chair Eldridge who made introductory remarks.
Chair Day directed that a roll call of the Commission be taken.
Commissioners Present:
Chair Eldridge asked Commissioners to review minutes from the May 21, 2021 Commission meeting and offer any edits or comments. No comments or edits were made. Chair Eldridge asked for a motion to approve the minutes. There was a motion made by Commissioner Rebello-Pradas, seconded by Commissioner Hartzog, and the motion passed unanimously.
Commissioner Crockford provided a presentation on facial recognition legislation in other jurisdictions and then fielded questions from members.
Chair Day provided a presentation on facial recognition legislation included in Chapter 253 of the Acts of 2020 (Police Reform Law) and then fielded questions from members.
The commission reviewed the statutory charge.
Chair Day then opened the commission up to a discussion on potential topics for future meetings. Chair Day suggested inviting public input at the next meeting to take place at the end of July. He then suggested requesting information from local law enforcement about their past and current use of facial recognition for discussion at the following meeting to take place in September. Commissioners supported the Chair’s suggestions and further discussed what information to request and which agencies to request information from. Commissioner Crockford suggested creating a survey for law enforcement agencies to fill out, so there is uniformity in information requested and received. Commissioner Rebello-Pradas requested that Commissioners be able to review the requests before they go out. Chair Day agreed and suggested that Commissioners email Judiciary Committee General Counsel Dianna Williams with any questions or information that they would like included.
Chair Day noted that, after these next two meetings, the Commission will be in a better position to engage in more substantive policy discussions.
Chair Day noted that the next meeting would take place on Friday, July 30, 2021, likely at 11 a.m., thanked Commissioners for their work, made closing remarks, and requested a motion to adjourn.
Chair Eldridge made closing remarks and moved to end the meeting. Commissioner Crockford seconded and the meeting ended.
Friday, May 21, 2021 at 11:00 a.m. (Virtual Meeting) https://malegislature.gov/Events/Hearings/Detail/3729
Agenda:
Chair Eldridge called the meeting to order and indicated that Chair Day would be unable to join. Rep. Rogers served as the House Co-Chair for this meeting of the Commission.
Chair Eldridge noted that the Chairs received a letter from Chief Justice Kimberly Budd, informing them that neither she nor any appointee of hers would be participating in the work of the Commission. A copy of that letter would be posted on the Commission website.
Chair Eldridge directed that a roll call of the Commission be taken.
Commissioners Present:
Commissioners Absent:
______________________________________________________________________________________________
Chair Eldridge asked the Commissioners to review the minutes from the Commission meeting on April 16, 2021 Commission meeting and offer any edits or comments. Edits and comments were given by several Commissioners and noted for the record.
Chair Eldridge asked for a motion to approve the minutes as edited. There was a motion made by Commissioner Rebello-Pradas, seconded by Commissioner Creem, and the motion passed unanimously.
Chair Eldridge noted the importance of reviewing the statutes and regulations for all states regarding facial recognition, including cities in Massachusetts.
Chair Eldridge asked if anyone was aware of any compilation of what the 50 states have done around facial recognition. Commissioners Rebello-Pradas and Creem suggested checking with NCSL.
Chair Eldridge asked if any commission members would like to work on the issue and proposed creating a working group to gather data and information for the full commission. Commissioners Crockford, Nkonde, O’Keefe, Woodward, Rebello-Pradas, and Dyson volunteered.
Commissioner Professor Learned-Miller gave a presentation on “Facial Recognition Technology” and then fielded questions from members.
Commissioner Acting Registrar Colleen Ogilvie then presented on “RMV’s Utilization of Facial Recognition Software to Detect and Prevent Fraud” and fielded questions from members.
Commissioner Major Scott Range then presented on the State Police’s use of facial recognition technology and fielded questions from members.
The statutory charge was then read for review by the Commission.
Chair Eldridge asked members to email Judiciary Committee staff suggestions for possible subcommittees.
Chair Eldridge announced the next Commission meeting, thanked Commissioners for their work and participation, and ended the meeting.
Facial Recognition Commission