2021 Maryland Statutes
Labor and Employment
Title 3 - Employment Standards and Conditions
Subtitle 7 - Miscellaneous
Section 3-717 - Use of Facial Recognition Services Prohibited -- Consent by Applicant

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Facial recognition service” means technology that analyzes facial features and is used for recognition or persistent tracking of individuals in still or video images.

        (3)    “Facial template” means the machine–interpretable pattern of facial features that is extracted from one or more images of an individual by a facial recognition service.

    (b)    An employer may not use a facial recognition service for the purpose of creating a facial template during an applicant’s interview for employment unless an applicant consents under subsection (c) of this section.

    (c)    (1)    An applicant may consent to the use of facial recognition service technology during an interview by signing a waiver.

        (2)    The waiver signed under paragraph (1) of this subsection shall state in plain language:

            (i)    the applicant’s name;

            (ii)    the date of the interview;

            (iii)    that the applicant consents to the use of facial recognition during the interview; and

            (iv)    whether the applicant read the consent waiver.

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