Maryland Code § GP-4-320.1

Section GP-4-320.1
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(a) In this section, "facial recognition" means a biometric software
application that identifies or verifies a person by comparing and analyzing patterns
based on a person's facial contours.
(b) (1) Notwithstanding any other provision of this title, an officer, an
employee, an agent, or a contractor of the State or a political subdivision shall deny
inspection of the part of a public record that contains personal information or
inspection of a photograph of an individual by any federal agency seeking access for
the purpose of enforcing federal immigration law, unless the officer, employee, agent,
or contractor is provided with a valid warrant issued by a federal court or a court of
this State.
(2) Notwithstanding any other provision of this title, an officer, an
employee, an agent, or a contractor of the State or a political subdivision shall deny
inspection using a facial recognition search of a digital photographic image or actual
stored data of a digital photographic image by any federal agency seeking access for
the purpose of enforcing federal immigration law, unless the officer, employee, agent,
or contractor is provided with a valid warrant issued by a federal court or a court of
this State.
(3) On or before June 1, 2023, and each June 1 thereafter, the Motor
Vehicle Administration, the Department of State Police, and the Department of
Public Safety and Correctional Services shall, with respect to requests from federal
agencies seeking access for the purpose of federal immigration enforcement for

personal information, a photograph of an individual, or a facial recognition search,
whether or not the request was initiated through a State or local law enforcement
agency, report to the General Assembly, in accordance with § 2-1257 of the State
Government Article, the following information for the immediately preceding
calendar year:
(i) the number of requests received from any federal agency
for personal information, a photograph of an individual, or a facial recognition search;
(ii) the number of requests received from any federal agency
for personal information, a photograph of an individual, or a facial recognition search
for which a valid warrant issued by a federal court or a court of this State was
provided;
(iii) the number and purpose of facial recognition searches
completed for any federal agency based on personal information or a photograph of
an individual provided to the federal agency by the Motor Vehicle Administration,
the Department of State Police, or the Department of Public Safety and Correctional
Services; and
(iv) the number of individuals whose personal information or
photograph was provided to any federal agency by, respectively, the Motor Vehicle
Administration, the Department of State Police, and the Department of Public Safety
and Correctional Services.
§4-321. IN EFFECT
(a) In this section, "recorded image" or "recorded images" has the meaning
stated in § 21-202.1, § 21-706.1, § 21-809, § 21-810, § 21-1134, § 22-612, or § 24-
111.3 of the Transportation Article.
(b) Except as provided in subsection (c) of this section, a custodian shall
deny inspection of recorded images produced by:
(1) a traffic control signal monitoring system operated under § 21-
202.1 of the Transportation Article;
(2) an automated railroad grade crossing enforcement system
operated under § 21-704.1 of the Transportation Article;
(3) a school bus monitoring camera operated under § 21-706.1 of the
Transportation Article;

(4) a stop sign monitoring system operated under § 21-707.1 of the
Transportation Article;
(5) a speed monitoring system operated under § 21-809 of the
Transportation Article;
(6) a work zone speed control system operated under § 21-810 of the
Transportation Article;
(7) a bus lane monitoring system operated under § 21-1134 of the
Transportation Article;
(8) a noise abatement monitoring system operated under § 22-612 of
the Transportation Article; or
(9) a vehicle height monitoring system operated under § 24-111.3 of
the Transportation Article.
(c) A custodian shall allow inspection of recorded images:
(1) as required in § 12-113.1, § 21-202.1, § 21-704.1, § 21-706.1, §
21-707.1, § 21-809, § 21-810, § 21-1134, § 22-612, or § 24-111.3 of the
Transportation Article;
(2) by any person issued a citation under § 21-202.1, § 21-704.1, §
21-706.1, § 21-707.1, § 21-809, § 21-810, § 21-1134, § 22-612, or § 24-111.3 of the
Transportation Article, or by an attorney of record for the person; or
(3) by an employee or agent of an agency in an investigation or a
proceeding relating to the imposition of or indemnification from civil liability under §
21-202.1, § 21-704.1, § 21-706.1, § 21-707.1, § 21-809, § 21-810, § 21-1134, § 22-
612, or § 24-111.3 of the Transportation Article.
§4-321. ** TAKES EFFECT JULY 1, 2028 PER CHAPTERS 463 AND 464 OF
2025 AND CHAPTER 11 OF THE 2025 SPECIAL SESSION **
// EFFECTIVE UNTIL JULY 1, 2029 PER CHAPTERS 463 AND 464 OF 2025
//
(a) In this section, "recorded image" or "recorded images" has the meaning
stated in § 21-202.1, § 21-706.1, § 21-809, § 21-810, § 21-1134, or § 24-111.3 of the
Transportation Article.

(b) Except as provided in subsection (c) of this section, a custodian shall
deny inspection of recorded images produced by:
(1) a traffic control signal monitoring system operated under § 21-
202.1 of the Transportation Article;
(2) an automated railroad grade crossing enforcement system
operated under § 21-704.1 of the Transportation Article;
(3) a school bus monitoring camera operated under § 21-706.1 of the
Transportation Article;
(4) a stop sign monitoring system operated under § 21-707.1 of the
Transportation Article;
(5) a speed monitoring system operated under § 21-809 of the
Transportation Article;
(6) a work zone speed control system operated under § 21-810 of the
Transportation Article;
(7) a bus lane monitoring system operated under § 21-1134 of the
Transportation Article; or
(8) a vehicle height monitoring system operated under § 24-111.3 of
the Transportation Article.
(c) A custodian shall allow inspection of recorded images:
(1) as required in § 12-113.1, § 21-202.1, § 21-704.1, § 21-706.1, §
21-707.1, § 21-809, § 21-810, § 21-1134, or § 24-111.3 of the Transportation Article;
(2) by any person issued a citation under § 21-202.1, § 21-704.1, §
21-706.1, § 21-707.1, § 21-809, § 21-810, § 21-1134, or § 24-111.3 of the
Transportation Article, or by an attorney of record for the person; or
(3) by an employee or agent of an agency in an investigation or a
proceeding relating to the imposition of or indemnification from civil liability under §
21-202.1, § 21-704.1, § 21-706.1, § 21-707.1, § 21-809, § 21-810, § 21-1134, or § 24-
111.3 of the Transportation Article.
§4-321. ** TAKES EFFECT JULY 1, 2029 PER CHAPTERS 463 AND 464 OF
2025 **

(a) In this section, "recorded image" or "recorded images" has the meaning
stated in § 21-202.1, § 21-706.1, § 21-809, § 21-810, § 21-1134, or § 24-111.3 of the
Transportation Article.
(b) Except as provided in subsection (c) of this section, a custodian shall
deny inspection of recorded images produced by:
(1) a traffic control signal monitoring system operated under § 21-
202.1 of the Transportation Article;
(2) an automated railroad grade crossing enforcement system
operated under § 21-704.1 of the Transportation Article;
(3) a school bus monitoring camera operated under § 21-706.1 of the
Transportation Article;
(4) a speed monitoring system operated under § 21-809 of the
Transportation Article;
(5) a work zone speed control system operated under § 21-810 of the
Transportation Article;
(6) a bus lane monitoring system operated under § 21-1134 of the
Transportation Article; or
(7) a vehicle height monitoring system operated under § 24-111.3 of
the Transportation Article.
(c) A custodian shall allow inspection of recorded images:
(1) as required in § 12-113.1, § 21-202.1, § 21-704.1, § 21-706.1, §
21-809, § 21-810, § 21-1134, or § 24-111.3 of the Transportation Article;
(2) by any person issued a citation under § 21-202.1, § 21-704.1, §
21-706.1, § 21-809, § 21-810, § 21-1134, or § 24-111.3 of the Transportation Article,
or by an attorney of record for the person; or
(3) by an employee or agent of an agency in an investigation or a
proceeding relating to the imposition of or indemnification from civil liability under §
21-202.1, § 21-704.1, § 21-706.1, § 21-809, § 21-810, § 21-1134, or § 24-111.3 of the
Transportation Article.

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