The FBI Biometric Center of Excellence (BCOE) sponsored a series of interagency facial recognition legal and policy forums. Representatives from law enforcement, national security, and intelligence agencies were invited to participate. Series topics included baselining the current state of facial recognition technology, outlining current and future use requirements and research scenarios, discussing opportunities to collaborate across the federal agency landscape, and assessing how best to develop legal and policy underpinning to support effective deployment of facial recognition technology. The range of legal and policy concerns includes privacy, interoperability, standards development, evidentiary limitations, and data sharing.
Office of the Director of National Intelligence
U.S. Government Facial Recognition Legal Series Forum 1:
Facial Recognition Technology - Baselining Uses and Legal Challenges
Sponsored by the FBI BCOE in conjunction with the Office of the Director of National Intelligence (ODNI), Forum One invited federal agency lawyers and practitioners to explore and develop a better understanding on how to deploy facial recognition technology in a legally and policy-permissible way. Forum One used speakers and panel discussions by subject matter experts and end users to inform agency lawyers of current and probable future technical capabilities and the situational challenges faced by participating agencies to the effective use of facial recognition technology.
Learn more about Forum 1: Agenda, Presentations, Minutes (pdf)
Department of Homeland Security
U.S. Government Facial Recognition Legal Series Forum 2:
Exploring Interagency Information Sharing Challenges and Best Practices
Sponsored by the FBI BCOE in conjunction with the Department of Homeland Security, Forum Two identified Information Sharing as one of the primary areas in need of policy development. This forum presented an opportunity for lively, candid discussion with representatives from a broad range of government organizations. There was a combination of presentations, facilitated discussions, and breakout groups. The purpose of this forum was not to develop policy or authoritative guidance but to stimulate conversation and educate the community about facial recognition technology and the legal/policy issues surrounding its deployment.
Learn more about Forum 2: Agenda, Presentations, Minutes (pdf)
Department of Defense
U.S. Government Facial Recognition Legal Series Forum 3:
Striking the Balance - A Government Approach to Facial Recognition Privacy and Civil Liberties
Sponsored by the FBI BCOE in conjunction with the Department of Defense, Forum Three examined where the appropriate balance lies between crime and terrorism prevention using facial recognition and robust privacy safeguards. The forum produced privacy protection strategies and best practices. With the goal of separating fact from myth, the forum also produced education strategies to increase understanding by the public about how facial recognition is and is not used by federal law enforcement and intelligence agencies for identification purposes.
Learn more about Forum 3: Agenda, Presentations, Minutes (pdf)
Department of Justice
U.S. Government Facial Recognition Legal Series Forum 4:
Exploring Public Perceptions of Facial Recognition Technology
Sponsored by the FBI BCOE in conjunction with the National Institute of Justice (NIJ), Forum Four examined how facial recognition technology has advanced much more rapidly than the laws and policies that govern it, often resulting in unanswered questions regarding the boundaries of permissibility for facial recognition use. In response, this forum series has facilitated understanding of the capabilities and limitations of facial recognition and law enforcement and intelligence use cases. Through the forums, existing law and policy as it applies to facial recognition technology has been presented, and issues raised by facial recognition so far unaddressed by existing authorities have been identified for future policy development.
Learn more about Forum 4: Agenda, Presentations, Minutes (pdf)