House Bill 492 Summary

• Applies to private companies and organizations conducting business in Idaho that use facial recognition technology, requiring they provide testing capabilities, disclose limitations, obtain consent before enrolling individuals' images, and ensure meaningful human review for consequential decisions.

• Grants individuals rights to confirm enrollment in facial recognition systems, correct enrollment decisions, delete enrolled images, and withdraw consent for systems used in public premises.

• Requires government agencies deploying facial recognition to publish accountability reports at least 90 days before operational use, including purpose, data management policies, testing procedures, and potential civil rights impacts, with biennial updates subject to public comment.

• Restricts agency use of facial recognition for ongoing surveillance to law enforcement activities supporting serious criminal offenses, requiring either a search warrant or written emergency approval (with subsequent warrant within 48 hours), and prohibits targeting individuals based on protected characteristics.

• Imposes civil penalties of up to $2,500 per violation or $7,500 per intentional violation enforced exclusively by the attorney general, with no private right of action granted to individuals.