Maryland requires consent before using facial recognition during interviews

Maryland has enacted legislation (House Bill 1202) that will prohibit employers from using facial recognition services during an interview unless the applicant consents. House Bill 1202 takes effect Oct. 1, 2020.

Under House Bill 1202, an applicant may consent to the use of facial recognition services by signing a waiver. The waiver must state in plain language:

• The applicant's name;
• The date of the interview;
• That the applicant consents to the use of facial recognition during the interview; and
• Whether they have read the waiver.

The law defines facial recognition service as technology that analyzes facial features and is used for recognition or persistent tracking of individuals in still or video images.

Compliance Recommendations: