MA S1053

Law enforcement agencies are prohibited from acquiring, possessing, or using biometric surveillance technology (including facial recognition and other remote biometric recognition) unless expressly authorized by law, and information obtained in violation is inadmissible in proceedings

Only the Massachusetts State Police may perform facial recognition searches, limited to four circumstances: executing a warrant for felony investigations, emergencies involving immediate danger of death or serious injury, identifying deceased persons, or on behalf of other agencies with proper authorization

Emergency facial recognition searches require immediate written documentation and a sworn statement filed with superior court within 48 hours; all defendants identified through facial recognition must be notified and given access to search records, accuracy data, and methodology

The Department of State Police must document all searches as public records and report quarterly to the Executive Office of Public Safety and Security, which must publish annual statistics by March 31 including search totals, offense types, and demographic data on search subjects

Law enforcement is explicitly banned from using biometric surveillance to infer emotions, analyze real-time or archived video, or conduct continuous surveillance, though they may possess devices with facial recognition for user authentication and receive evidence from third parties not knowingly solicited