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Massachusetts has a facial-recognition law on the books, but the possible “win” described in a July 2023 report was a proposed new limit—not an enacted statewide ban. Current law allows police searches through specified channels for defined purposes. Bills filed in the 2025–2026 session would set a much stricter default, but the materials available do not establish that either proposal became law.
What the possible “win” was—and what it was not
On July 20, 2023, MIT Technology Review’s Tate Ryan-Mosley reported that Massachusetts lawmakers were negotiating a bipartisan bill that could provide a model for regulating police use of face recognition. The story described a proposal still under negotiation, not a law already in force. Read the contemporaneous report.
The distinction matters: Massachusetts now regulates police facial-recognition searches, but the current statute is not a blanket ban. The more restrictive default-prohibition framework discussed in later bills is proposed legislation, and its final disposition is not established here.
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Massachusetts General Laws, chapter 6, section 220, permits law-enforcement facial-recognition searches through written requests submitted to the Registry of Motor Vehicles (RMV), State Police, or FBI. The statute provides defined circumstances for searches, including qualifying court-authorized investigations and emergencies. Read the current text of section 220.
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- Court-authorized searches: A qualifying court order may support a search for an ongoing criminal investigation or to mitigate a substantial risk of harm.
- Without a court order: Searches may be made to identify a deceased person or respond to an emergency involving a substantial risk of harm.
- RMV-related investigations: State Police have an additional exception for investigations related to issuance of RMV identification documents.
The statute also requires each search to be documented. Records include the request, date and time, number of matches, database searched, requesting person and agency, reason for the search, recipient, and characteristics used in the search. Agencies submit documentation quarterly to the Executive Office of Public Safety and Security, which publishes specified records and aggregated information annually.
For emergency requests, section 220 states: “Any emergency request shall be narrowly tailored to address the emergency and shall document the factual basis for believing that an emergency requires the performance of a facial recognition search without delay.”
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How the later proposals would change the rules
In the 2025–2026 legislative session, S.1053 proposed replacing the existing approach with a default prohibition on law-enforcement acquisition, possession, access, use, assistance, resourcing, and specified third-party arrangements involving biometric surveillance technology, unless expressly authorized by law. Its definition includes software performing face recognition or other remote biometric recognition. Read S.1053.
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H.4640 proposes a similar restrictive framework, including exceptions, notice and disclosure provisions, and reporting. The House Judiciary Committee reported it as “ought to pass” on October 23, 2025. A committee recommendation is a legislative step, not proof of enactment. Read H.4640 and its legislative history.
Current law compared with the proposals
| Issue | Current section 220 | S.1053 and H.4640 proposals |
|---|---|---|
| Basic approach | Permits specified law-enforcement searches through designated channels and under defined conditions. | Would generally prohibit specified law-enforcement activities unless expressly authorized by law. |
| Search threshold | Allows qualifying court-ordered searches for an ongoing criminal investigation or substantial risk of harm; the statute also defines exceptions without an order. | S.1053 proposes a probable-cause warrant for State Police searches involving a felony, alongside listed exceptions. H.4640 proposes a similar restrictions framework; consult its bill text for details. |
| Emergency handling | Allows a search without an order for an emergency involving substantial risk of harm, with narrow tailoring and documentation required. | S.1053 proposes an immediate danger of death or serious physical injury exception, emergency documentation, and a sworn statement to Superior Court within 48 hours of access to results. |
| Notice and defense access | Section 220’s specified documentation and annual reporting requirements do not establish the proposed defendant-notice and defense-disclosure package. | The proposals include notice to charged individuals identified through a search and access for defendants and counsel to search records, possible matches, software or algorithm information, accuracy information, audits, operator identity, training, and selection process. |
| Oversight and reporting | Requires search documentation submitted quarterly and specified public records and aggregated information published annually. | Proposals include quarterly and annual public reporting, with additional records and safeguards described in the bill texts. |
| Legal status | Current statutory baseline. | Proposals; final enactment is not established by the cited legislative materials. |
The Judiciary Committee’s summary of H.1946 also describes a proposed new facial-recognition regime and its principal safeguards, while summarizing current law’s court-order and emergency/deceased-person exceptions. See the H.1946 summary.
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Why the debate extends beyond a yes-or-no ban
The policy choice is not only whether police can use face recognition. The details determine what a rule does in practice: which agencies may search, what legal threshold applies, how narrowly emergencies are defined, whether a judge reviews emergency use afterward, whether people charged after a search are notified, what defense lawyers can examine, and what records the public can see.
The 2023 article placed the Massachusetts effort in a changing local landscape. It reported that around 18 cities had enacted laws forbidding police adoption of the technology by the end of 2020, attributing the count to the digital-rights group Fight for the Future. It also reported five municipal bans on police and government use passed in 2021, and none in 2022 or through its July 2023 publication date; it noted that some local bans had been partially repealed. These are historical figures reported in 2023, not a current tally independently verified here.
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