Facial Recognition Privacy Protection Act
Enacted in 2020, this Maryland law specifically addresses the use of facial recognition technology during job interviews. The legislation requires employers to obtain explicit consent before using facial recognition tools during the hiring process. While relatively narrow in scope compared to other state privacy laws, it represents an important step in protecting job applicants' privacy rights and regulating the use of biometric technology in employment contexts.
| Jurisdiction | Maryland |
|---|---|
| Category | Employment |
| Status | Active |
| Latest development |
Analysis
Key Requirements
The Maryland Facial Recognition Privacy Protection Act imposes the following key requirements on employers:
- Obtain explicit consent: Employers must get written consent from job applicants before using facial recognition technology during interviews. The consent form must include:
- Applicant's name
- Date of interview
- Statement that applicant consents to facial recognition use
- Confirmation that applicant has read the waiver
- Prohibition on non-consensual use: Employers are prohibited from using facial recognition services to create facial templates during interviews without consent
- Define facial recognition services: The law defines facial recognition as "technology that analyzes facial features and is used for recognition or persistent tracking of individuals in still or video images"
- Limit scope: The requirements only apply to pre-employment job interviews, not other employment contexts
Compliance Challenges
Organizations face several challenges in complying with this law:
- Lack of specificity: The law provides limited guidance on implementation, leaving room for interpretation
- Integration with existing processes: Companies must update hiring procedures to incorporate consent forms and tracking
- Employee training: HR and hiring managers need training on proper use of facial recognition and consent requirements
- Technology limitations: Some facial recognition systems may not easily allow for selective use only after consent
Implementation Best Practices
To effectively implement this law, organizations should:
- Create a clear consent form: Develop a standardized waiver that meets all legal requirements
- Update hiring policies: Revise recruitment procedures to incorporate consent before facial recognition use
- Train relevant staff: Provide comprehensive training to HR and hiring managers on compliance
- Document processes: Maintain clear records of consent and facial recognition use
- Review technology: Ensure facial recognition systems allow for compliant use
Recent Updates
As of 2024, there have been no significant updates to the original 2020 law. However:
- The Maryland General Assembly website should be monitored for potential amendments
- The Maryland Department of Labor may issue additional guidance or interpretations
Related Regulations
This law interacts with several related regulations:
- Maryland Personal Information Protection Act: Governs broader data privacy protections
- Illinois Biometric Information Privacy Act: A more comprehensive biometric privacy law that has influenced other states
- Federal Trade Commission Act: Provides general consumer protections that may apply to facial recognition misuse
Industry Impact
The law has had several impacts on the employment industry in Maryland:
- Increased transparency: Job applicants have greater awareness of facial recognition use in hiring
- Process changes: Employers have had to modify recruitment procedures to incorporate consent
- Limited adoption: Some employers may avoid facial recognition use due to compliance complexity
Sources
Maryland General Assembly - HB1202 Text
Maryland Department of Labor - Essential Workers' Protection Act
National Law Review - Maryland Facial Recognition Law
SHRM - Maryland Restricts Facial Recognition in Hiring
JD Supra - Maryland Enacts New Facial Recognition Law
Littler - Maryland Facial Recognition Technology Law
Biometric Update - Maryland Facial Recognition Law
Jackson Lewis - Maryland Facial Recognition Restrictions
HR Dive - Maryland Facial Recognition Hiring Restrictions
Maryland General Assembly Website
Maryland Department of Labor Website
Maryland Attorney General - Personal Information Protection Act
Illinois General Assembly - Biometric Information Privacy Act
Federal Trade Commission - FTC Act
Recent developments
- — New state privacy laws in Indiana, Kentucky, and Rhode Island take effect January 1, 2026, requiring staffing agencies to enhance data practices for candidate information in recruiting, amid broader AI governance risks in hiring[3] (source)
- — In 2025, biometric data like facial recognition is increasingly treated as sensitive, with expectations of more lawsuits against employers collecting it without consent, heightening privacy compliance needs[4] (source)
- — U.S. GAO report warns that workplace digital surveillance tools, including keystroke biometrics and emotion-detection systems, pose significant privacy risks to workers due to lack of transparency and potential discriminatory impacts in employment decisions[2] (source)
Related regulations
- Maryland Online Data Privacy Act (MODPA) — Maryland, Active, effective 2025-10-01
- Maryland HB 711 (2026) MODPA Amendments — Maryland, Active, effective 2026-07-01
- Electronic Monitoring Bill — New York, Active
- Delaware Electronic Monitoring Law — Delaware, Active
- Connecticut Electronic Monitoring Law — Connecticut, Active
- AI Video Interview Act — Illinois, Active
- Automated Employment Decision Tool Law (AEDT) — New York, Active
Put it into practice
- Generate the policy: Maryland MODPA policy generator (generatepolicy.com)
- Buy the policy pack: State Privacy Law Checklist (cyberpolicy.shop)
- Build it yourself: 2026 US Privacy Program Workbook (ciso.diy)
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