A. For purposes of this subsection, "facial recognition technology" means an electronic system for enrolling, capturing, extracting, comparing, and matching an individual's geometric facial data to identify individuals in photos, videos, or real time. "Facial recognition technology" does not include the use of an automated or semi-automated process to redact a recording in order to protect the privacy of a subject depicted in the recording prior to release or disclosure of the recording outside of the law-enforcement agency if the process does not generate or result in the retention of any biometric data or surveillance information.
B. No campus police department shall purchase or deploy facial recognition technology unless such purchase or deployment of facial recognition technology is expressly authorized by statute. For purposes of this section, a statute that does not refer to facial recognition technology shall not be construed to provide express authorization. Such statute shall require that any facial recognition technology purchased or deployed by the campus police department be maintained under the exclusive control of such campus police department and that any data contained by such facial recognition technology be kept confidential, not be disseminated or resold, and be accessible only by a search warrant issued pursuant to Chapter 5 (§ 19.2-52 et seq.) of Title 19.2 or an administrative or inspection warrant issued pursuant to law.
2021, Sp. Sess. I, c. 537.
Structure Code of Virginia
Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions
Chapter 8 - Health and Campus Safety
§ 23.1-800. Health histories and immunizations required; exemptions
§ 23.1-801. Educational program on human immunodeficiency virus infection
§ 23.1-802. Student mental health; policies; website resource; training
§ 23.1-803. First warning notification and emergency broadcast system required
§ 23.1-804. Institutional crisis and emergency management plan
§ 23.1-805. Violence prevention committee; threat assessment team
§ 23.1-806. Reporting of acts of sexual violence
§ 23.1-807. Sexual assault; memoranda of understanding; policies
§ 23.1-810. Authorization for campus police departments in private institutions of higher education
§ 23.1-811. Establishment of auxiliary police forces
§ 23.1-812. Appointment of campus police officers and members of an auxiliary police force
§ 23.1-815. Campus police forces and auxiliary police forces; powers and duties; jurisdiction
§ 23.1-815.1. (Effective until July 1, 2026) Facial recognition technology; approval
§ 23.1-815.1. (Effective July 1, 2026) Facial recognition technology; approval; penalty
§ 23.1-817. Inspection of criminal incident information
§ 23.1-818. Security departments and other security services