                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) FACIAL RECOGNITION TECHNOLOGY; APPROVAL (§ 23.1-815.1)

A. For purposes of this subsection, &#8220;facial recognition technology&#8221;
means an electronic system for enrolling, capturing, extracting, comparing, and
matching an individual&#8217;s geometric facial data to identify individuals in
photos, videos, or real time. &#8220;Facial recognition technology&#8221; does
not include the use of an automated or semi-automated process to redact a
recording in order to protect the privacy of a subject depicted in the recording
prior to release or disclosure of the recording outside of the law-enforcement
agency if the process does not generate or result in the retention of any
biometric data or surveillance information.B. No campus police department shall
purchase or deploy facial recognition technology unless such purchase or
deployment of facial recognition technology is expressly authorized by statute.
For purposes of this section, a statute that does not refer to facial
recognition technology shall not be construed to provide express authorization.
Such statute shall require that any facial recognition technology purchased or
deployed by the campus police department be maintained under the exclusive
control of such campus police department and that any data contained by such
facial recognition technology be kept confidential, not be disseminated or
resold, and be accessible only by a search warrant issued pursuant to Chapter 5
(&#xA7; 19.2-52 et seq.) of Title 19.2 or an administrative or inspection
warrant issued pursuant to law.2021, Sp. Sess. I, c. 537.
