CA SB1038

Extends indefinitely a prohibition on law enforcement agencies and officers from installing, activating, or using biometric surveillance systems (including facial recognition) in connection with officer cameras or data collected by officer cameras.

Removes the January 1, 2023 expiration date that was set in existing law, making the ban permanent rather than temporary.

Allows individuals to bring civil actions for equitable or declaratory relief against law enforcement agencies or officers that violate the prohibition.

Provides exceptions for using automated processes to redact recordings for privacy protection (without retaining biometric data) and for mobile fingerprint scanning devices during lawful detention without retention of biometric data.

Includes legislative findings that facial recognition technology poses threats to civil rights, disproportionately affects marginalized communities, produces high misidentification rates for people of color and women, and is incompatible with body camera transparency purposes.