Facial Recognition Act of 2025

Key Points

• Police and federal agents would need a court order — similar to a search warrant — before using facial recognition to search photo databases. A prosecutor must show probable cause that the person committed a serious crime, and the search must happen within 7 days of the order being issued.
• The bill bans several controversial uses of the technology. Police cannot use facial recognition with body cameras, dashboard cameras, drones, or for real-time tracking of people in public. It also prohibits using facial recognition to monitor people exercising their constitutional rights, like protesting or free speech.
• Law enforcement is banned from using facial recognition to enforce immigration laws or sharing facial recognition data with other agencies for immigration enforcement purposes.
• All facial recognition systems must pass annual accuracy and bias tests run by the National Institute of Standards and Technology. If a system shows significant accuracy differences based on race, ethnicity, gender, or age, police would be barred from using it. A facial recognition match alone cannot be the sole basis for an arrest.
• Arrest photo databases must be cleaned every six months, removing photos of minors, people released without charges, people whose charges were dropped, and those found not guilty. The bill authorizes $5 million per year from 2026-2029 for NIST to develop testing standards.
• States and local governments that don't comply face a 15% cut in federal criminal justice grants. People whose rights are violated can sue for at least $50,000 per violation, and states cannot claim immunity from these lawsuits.

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