Facial Recognition Technology and Wrongful Arrests in the Digital Policing Era

Abstract: This Essay examines the use of facial recognition technology (FRT) by law enforcement agencies, the implications of such use, and the disproportionate impact the use has on Black, Indigenous, and People of Color (BIPOC) communities. Law enforcement officers are increasingly using FRT for the purpose of identifying suspects. Essentially, law enforcement officers will take a “still image” of a suspect, upload this image into a database, and find a potential match, which the officers then use to identify an individual. This Essay argues that legislatures must enact law that limits the use of FRT by law enforcement agencies, especially when the agency fully depends on the technology’s identification of a person. This kind of software is biased from its development, particularly in its inability to accurately identify women and BIPOC individuals. Washington State has recently taken the lead by attempting to regulate the use of stingrays and drones and should take the lead once more in further protecting BIPOC communities against the disproportionate and harmful impacts of racially biased and inaccurate FRT. This Essay concludes by proposing legislation for Washington State that would limit the use of FRT by law enforcement agencies.

Other Articles from WLR Online