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Bill

S 36

An Act to provide accountability in the use of biometric recognition technology and comprehensive enforcement

194th Legislature (2025-2026) Introduced by Dylan Fernandes

Massachusetts bill establishing accountability rules and enforcement for biometric technology use to protect privacy and civil liberties.

Accompanied S43
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WeVote Research Nonpartisan
Bill Summary · S 36

Legislative bill overview

S.36 establishes accountability frameworks and enforcement mechanisms for the use of biometric recognition technology in Massachusetts. The bill, sponsored by Rep. Dylan Fernandes, sets standards for how government and potentially private entities can deploy facial recognition and other biometric systems. It progressed through House concurrence and has been referred to the Advanced Information Technology committee for review.

Why is this important

Biometric recognition technology—particularly facial recognition—raises significant privacy and civil liberties concerns as it enables mass surveillance capabilities. Massachusetts residents should understand what restrictions and oversight exist when government agencies use these tools, and whether adequate safeguards protect against misidentification, racial bias, and unauthorized tracking. This legislation directly affects individual privacy rights and law enforcement practices.

Potential points of contention

  • Scope of restrictions: Whether the bill covers only government use or extends to private sector deployment (retail, employers, landlords), which determines its real-world reach
  • Accuracy standards: What accuracy thresholds must biometric systems meet, particularly regarding documented disparities in facial recognition accuracy across racial and gender demographics
  • Enforcement mechanisms: Whether penalties and remedies are sufficiently strong to deter misuse, and who can sue for violations (individuals, state attorney general, or both)

Compiled from official sources — confirm details with the bill’s official record.

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