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.
Maryland employers that intend to use facial recognition services during interviews should ensure that they obtain written consent from the applicant first, in compliance with the requirements of House Bill 1202. Please contact your dedicated service professional with any questions.