H.B. 1226 Summary

• Prohibits government officials and agencies from obtaining, retaining, sharing, accessing, or using facial recognition systems or information derived from them, with limited exceptions.

• Allows law enforcement to use facial recognition only to compare surveillance photos to arrest booking photos in the Hawaii criminal justice data center or conduct photo lineups authorized by statute.

• Permits driver's license and civil identification agencies to use facial recognition to comply with the federal REAL ID Act of 2005.

• Allows facial recognition use at state airports during public health emergencies declared by the Director of Health, but requires data destruction within 60 minutes of collection.

• Specifies that facial recognition information cannot constitute probable cause for arrest and exempts personal use of privately owned facial recognition systems by government officials acting in unofficial capacities.