1811603

ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: September 13, 2023  Amends – (August 5, 2022 ) Number: 13.1.15 Distribution: All Personnel Review Month: August Reviewing Authority: CID / AIM Subject: Facial Recognition Technology This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose Facial recognition technology can be a valuable investigative tool to detect and prevent criminal activity; reduce an imminent threat to health or safety; protect the public; help identify deceased persons or those unable to identify themselves, and improv e security and officer safety. 2. Policy It is the purpose of this policy to provide agency personnel with guidelines and principles for the use of facial recognition technology. This policy will verify that all facial recognition uses are consistent with authorized purposes while not violating the privacy and civil rights of individuals. 3. Definitions A. Facial recognition technology - a computer program/application capable of comparing specific physi cal features of a person depicted in an image against a database of images of persons identified through other means. B. Facial recognition search result - an image returned by facial recognition technology that represents a potential investigative lead b ased on an algorithmic similarity to the submitted image. C. Identification - a positive facial recognition search result which alone does not constitute probable cause for arrest. The search result shall be evaluated by the assigned case deputy and requi res investigative follow -up to corroborate the lead before any action is taken. 4. Procedures A. Authorized Uses for Facial Recognition Technology 1. When there is a reasonable suspicion tha t an identifiable individual: a. Has committed a criminal offense ; 13.1.15 , Page 2 of 5 b. Is involved in a criminal offense; c. Is planning a criminal activity that presents a threat to any individual or to the community . 2. Facial recognition technology can be utilized for an active or ongoing authorized criminal investigation , and t o mitigate an imminent threat to health or public safety. 3. To assist in the identification of a person who lacks capacity or is otherwise unable to identify themselves (e.g. incapacitated, deceased, or otherwise at -risk person). Note : In instances, where a n indi vidual’s photo was taken without consent , the deputy shall document the reason the person was unable to give consent and the purpose of the submission to a facial recognition system. 4. To investigate and/or corroborate tips and leads on authorized criminal investigations . 5. For comparison to determine whether an individual may have obtained one or more official state driver's licenses , or identification cards that contain inaccurate, conflicting, or false information. 6. To assist in the identification of potential witnesses and/or victims of crime . 7. To support law enforcement in critical incident responses. 8. For a person who a deputy reasonably believes is concealing their true identity and has a reasonable suspicion the indi vidual has committed a crime. 9. An authorized employee must comply with the applicable rules governing the specific facial recognition program being used. B. Considerations During Investigations 1. The agency considers the results, if any, of a facial recognition search to be advisory in nature and an investigative lead only. Facial recognition search results are not considered positive identification of a subject and do not, on their own, establish probable cause, without further investigation. Any possible connection or involvement of the subject(s) to the investigation must be determined through further investigative methods. 2. Original images shall not be altered, changed, or modified in order to protect the integrity of the image. Any enhancements made to an image will be made on a copy, saved as a separate image, and 13.1.15 , Page 3 of 5 documented to indicate what enhancements were made, including the date and time of the change. 3. If potential matches are foun d, a confirmation of the identification shall be performed by the assigned case deputy for verification. 4. Facial recognition is an investigative tool and any law enforcement action taken based on a submission into any agency approved facial recognition platform shall not be based solely on the results of a facial recogn ition search. 5. Individuals may give consent to have an image captured for facial recognition technology during a consensual encounter. 6. Agency personnel shall not detain individuals without legal justification for the sole purpose of capturing an image to be used in facial recognition technology . 7. Information obtained by the use of any facial recognition technology should be considered criminal intelligence or investigative information in accordance with GO 15.1.8 Releasing Public Records. 8. Facial recognition technology shall be used for official law enforcement purposes and not used for: a. Personal use, queries not related to legitimate agency duties, sharing, copying, or passing of information to unauthorized personnel. b. Any purpose that violates federal, state, or local laws . c. Harassing and/or intimidating any individual or group. d. Any other access, use, disclosure, or retention that would violate applicable law or agency policy. e. Facial recognition technology cannot be used to conduct surveillance of persons or groups based solely on their religious, political or other constitutionally protected activities, their race , color, national origin, ethnicity, gender, gender identity, sexual orientation , age or any other protected class. C. Accountability 1. Supervi sors reviewing cases