In New Jersey, Fair Trials Demand Facial Recognition Disclosure. What About the Rest of Us?
New Jersey has adopted a requirement that prosecutors disclose when facial recognition technology was used in building a case, giving defendants a chance to challenge the evidence. The Electronic Privacy Information Center is pointing to this as a standard other jurisdictions have not yet met.
Why this matters: If police use facial recognition to identify you and that leads to your arrest, you should know about it. Facial recognition makes mistakes, and those mistakes fall hardest on people of color. You cannot challenge evidence you do not know exists. New Jersey is saying defendants have a right to that disclosure. Most states are not saying that. That gap is not a procedural detail — it is a basic question of whether people get a fair shot at contesting the technology used against them.
Who should care: Privacy officers · Cybersecurity · General readers · Policy
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