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Facial Recognition Being Used in Maine Mostly By Outside Agencies

Writer's picture: Wraight.LawWraight.Law

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Logs released by the Bureau of Motor Vehicles of the use of facial recognition show limited use by Maine law enforcement - the tech is used mostly by police departments from out of state.


At least according to Maine's Bureau of Motor Vehicles (BMV), the Maine State Police has only requested facial recognition once since the BMV was required to keep the logs by statute.


In 2021, when the logs started, requests were made by departments in Delaware, Texas and Georgia. In 2022, requests came from Rhode Island, Georgia, Wisconsin, Indiana, and when Maine State Police wanted to identify someone deceased. In 2023, the Maine Medical Examiner requested use for the same purpose - to identify someone who had died, and Lewiston Police Department was investigating drug offenses. Otherwise, the requests were from Massachusetts, South Dakota, and Pennsylvania as well as federal investigation into identity theft by the Department of Human Services.


So far this year, the only Maine agency was Falmouth Police Department which requested its use for identity theft. Other requests for BMV photo identification have come from Illinois, the federal Drug Enforcement Agency, and a police department in New York state.


The current statute was passed in mid-2021 and was hailed by the American Civil Liberties Union as a "huge victory for privacy rights and civil liberties in Maine."


It only allows police departments to use facial recognition for "serious crimes," which it defines generally as felonies (offenses that carry more than a year in prison). Felonies can include driving offenses (such as operating while being a habitual offender for getting too many tickets), as well as crimes of violence or other related misdemeanors. Bail violations are also covered.


The logs were provided to this practice in a Freedom of Access Act request. The logs are in the statute covering facial recognition as public records.







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