Int 0233-2024

Be it enacted by the Council as follows: Section 1. Chapter 1 of title 14 of the administrative code of the city of New York is amended by adding a new section 14-188.1 to read as follows: � 14-188.1 Facial recognition policy and evaluation. a. The department shall create and post on its website a written policy that establishes procedures for the department's use of facial recognition technologies. Such policy shall include, but need not be limited to, the following information: 1. a description of the department's use of facial recognition technologies; 2. restrictions placed on access and use of such technologies by department personnel, including procedures for supervisory approval and internal oversight to safeguard against improper use of such technologies; and 3. data retention and use policies, including policies applicable to department personnel utilizing such searches through third-party platforms. b. The policy established pursuant to subdivision a of this section shall include guidelines related to the modification of the original image used for comparison analysis by facial recognition technology. Such policy, at a minimum, shall require the documentation of any modifications made to an image, including a description of any such modifications and the date such modifications were made, and shall further require the maintenance of such documentation and copies of all modified images utilized for facial recognition analysis. c. The department shall conduct an annual audit of its use of facial recognition technology. Such audit shall be documented and provided to the department of investigation and published on the department's website. Such audit shall include the following information: (1) the total number of comparison requests made by an investigating officer to apply facial recognition technology to a specific image; (2) the total number of instances in which facial recognition technology is applied to a specific image, disaggregated by the total number of possible matches, image rejections, and no-matches; (3) the total number of instances in which facial recognition technology is applied to an image associated with an investigation for a crime classified as a felony, disaggregated by murder, rape, robbery, assault, burglary, grand larceny, and grand larceny of an automobile; and (4) the total number of instances in which facial recognition technology is applied to an image associated with an investigation for a misdemeanor. � 2. This local law takes effect September 1, 2025. Session 13 JDK LS 11390 3/18/25 2