AB 2261 Summary

• Requires facial recognition service processors to provide testing capabilities for accuracy and to address unfair performance differences across demographic subpopulations, with options including submission to NIST testing.

• Mandates controllers deploying facial recognition in public spaces to provide conspicuous notice of the service and obtain individual consent before enrolling images or facial templates, except for security or safety purposes based on probable cause of serious criminal offenses.

• Grants individuals rights to confirm enrollment, correct or challenge enrollment decisions, delete enrolled images or templates, and withdraw consent at any time for facial recognition services in public spaces.

• Requires controllers using facial recognition for decisions with legal effects or significant individual impacts to ensure meaningful human review and conduct annual training of all operators on system capabilities, limitations, and compliance procedures.

• Prohibits government agencies from using facial recognition for ongoing surveillance without a search warrant or emergency authorization, and establishes accountability reporting requirements including public notice 90 days before operational deployment and biennial updates subject to public comment.