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Ban on City of Ann Arbor use of face surveillance:

A model bill

The City of Ann Arbor Ordains:

Section 1. Definitions.

a. “Face surveillance” means an automated or semi-automated process that assists in identifying or verifying an individual, or captures information about them, based on the physical characteristics of their face.

b . “Face surveillance system” means any computer software or application that performs face surveillance.

c. “City of Ann Arbor” means any department, agency, bureau, and/or subordinate division of City of Ann Arbor.

d. “City of Ann Arbor official” means any person or entity acting on behalf of The City of Ann Arbor, including any officer, employee, agent, contractor, subcontractor, or vendor.

Section 2. Ban on government use of face surveillance.

It shall be unlawful for The City of Ann Arbor or any City of Ann Arbor official to obtain, retain, access, or use:

a. any face surveillance system; or

b . any information obtained from any face surveillance system.

Section 3. Enforcement

a. Suppression. No data collected or derived from any use of face surveillance in violation of this law, and no evidence derived therefrom, may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority subject to the jurisdiction of The City of Ann Arbor. Data collected or derived in violation of this law shall be considered unlawfully obtained, and shall be deleted upon discovery.

b . Private cause of action.

Any violation of this law constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this law. An action instituted under this paragraph shall be brought against The City of Ann Arbor.

ii. Any person who has been subjected to face surveillance in violation of this law, or about whom information has been obtained, retained, accessed, or used in violation of this law, may institute proceedings in any court of competent jurisdiction against The City of Ann Arbor and shall be entitled to recover actual damages, but not less than liquidated damages of $1,000 or $100 for each violation, whichever is greater.

iii. A court shall award costs and reasonable attorneys’ fees to a plaintiff who is the prevailing party in an action brought under Section 3(b)(i) or 3(b)(ii).

c. Training and discipline. Violations of this law by an employee of The City of Ann Arbor shall result in consequences that may include retraining, suspension, or termination, subject to due process requirements.