Facial Recognition Act of 2025

This bill would set nationwide rules for how police and other law enforcement can use facial recognition. For most searches, they would need a court order and must use approved photo databases. There are limited exceptions, like identifying a deceased or incapacitated person, responding to an AMBER Alert, or confirming identity during booking. In true emergencies, it could be used first, but a prosecutor must get court approval within 12 hours; if not approved, the search stops and any information is destroyed. It bans scanning body‑camera, dash‑camera, or drone footage; bans mass “face surveillance”; and forbids using it to monitor speech or protests or to enforce immigration laws. A face match alone cannot be the reason to arrest someone, and officers may not use data from illegitimately obtained databases .

Agencies would have to keep logs, file yearly public reports, and undergo independent audits; if violations are found, they must pause use until fixed and tell the public . Face‑recognition systems must pass yearly, independent tests for accuracy and bias; systems that don’t meet high standards cannot be used. Arrest‑photo databases used with face recognition must regularly remove photos of minors and people who were not charged or were cleared; state DMVs must post notices (with translations as needed) about law‑enforcement face‑recognition searches . If face recognition was used to identify you during arrest, you must be told and given copies of the court order, the images used, and the list of possible matches, in a language you understand . Evidence gathered illegally cannot be used in court, and people can sue for damages (at least $50,000 per violation). States that do not comply can lose a share of certain federal public safety grants. The bill funds national testing and best‑practice work and requires agencies to publish a public policy on use. It doesn’t override stricter state or local rules and allows lawsuits against states for violations .

Key points

• Who is affected: Police and other law‑enforcement agencies; people who may be identified; state DMVs; courts and prosecutors .
• What changes: Court orders for most searches; bans on scanning body‑cam/dash‑cam/drone footage and on mass face surveillance; yearly public reporting and audits; independent accuracy and bias testing; notice to people identified; ability to sue; illegal evidence thrown out; possible cuts to certain federal grants for noncompliance .
• When: Agencies must post a public policy within 90 days of enactment; mugshot‑database cleanup starts 180 days after enactment and repeats every six months; accuracy/bias‑testing rules take effect 18 months after enactment; annual reports and audits continue each year .