HB 1700

Abstract

Department of Motor Vehicles data privacy; facial recognition technology. Limits the release by the Departmentof Motor Vehicles (the Department) of information regarding proofdocuments or of an individual's photograph or signature providedto the Department. The bill prohibits any federal agency that primarilyenforces immigration law from accessing information stored by theDepartment without a judicial warrant or court order. The bill limitsthe use of and prohibits the State Board of Elections from distributingcertain immigration information provided by the Department. The billprohibits the Department from sharing information with an entitythat is in the business of selling information to a third party.The bill prohibits the use of Department information for facial recognitionpurposes prior to July 1, 2022, except when used by (i) the Departmentto ensure compliance with the REAL ID Act of 2005 or (ii) law-enforcementagencies to identify victims of sex trafficking. The bill requiresthe Department, in consultation with the Department of Criminal JusticeServices and the Office of the Attorney General and other stakeholders,to develop recommendations on using facial recognition technologyand protecting the privacy of the citizens of Virginia and to report such findings to the Governor and the General Assembly on or beforeDecember 1, 2021. The bill requires the Department of State Policeto review policies related to the access of information through theVirginia Criminal Information Network.