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New Jersey Supreme Court orders disclosure of police facial recognition use in criminal cases

The Jersey Vindicator · · International · Surveillance & Civil Liberties

The New Jersey Supreme Court has ruled that police must disclose when facial recognition technology was used in criminal investigations. The decision creates a new disclosure requirement that applies to criminal cases in the state.

Why this matters: If police used facial recognition to help build a case against you, you should know that. Until now, prosecutors could rely on a facial recognition hit without telling the defense how they got there. That matters because facial recognition makes mistakes, and it makes them more often on darker-skinned faces. Defense lawyers cannot challenge what they cannot see. This ruling treats facial recognition like what it is: a fallible tool with real consequences for the people it identifies.

Who should care: Privacy officers · Cybersecurity · General readers · Policy

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