Facial Recognition Resolution Passes

Milwaukee County Courthouse. Photo by Graham Kilmer.

The Milwaukee County Board voted in favor of a facial recognition policy that protects civil liberties and minority communities Thursday.

The vote was unanimous in favor of a resolution sponsored by Sup. Juan Miguel Martinez that outlines concerns about facial recognition technology and requests adoption of a policy for the new technology that will preserve civil liberties, protect first amendment rights and prevent criminalization of racial and ethnic minorities in Milwaukee.

The resolution asks the county’s attorneys to work with the county’s Information Management Services Division and the Milwaukee County Sheriff‘s Office (MCSO) to develop a policy. The primary concern for the author is how the sheriff’s office might use facial recognition technology. The resolution asks for a policy preventing the technology being used for surveillance, an approval process for sharing data with facial recognition companies and regular updates on how the technology is used.

Martinez said his resolution is a “simple ask” at the board’s meeting Thursday and pointed to research indicating facial recognition technology is less reliable for people of color and women. “The reason that putting this forward is necessary is that we do not suppress first amendment rights and civil liberties,” he said.

The resolution takes the form of a request because state law does not give the county board authority to direct MCSO policy. The board passed the resolution unanimously.

The Milwaukee County Sheriff’s Office (MCSO) is currently assessing a data-sharing agreement with a Nevada-based company called Biometrica. The firm insists it is not technically a facial recognition company, but a “big data identity management company” that provides access to “third-party” facial recognition algorithms. The MCSO and the Milwaukee Police Department are both interested in Biometrica services for their ability to use a facial recognition tool. MPD is considering providing the company with 2.5 million mugshots in exchange for free access to its services.

The MCSO told supervisors it does not want facial recognition technology to scan random individuals in public, or within existing surveillance systems and cameras. It wants to use the technology to identify suspects in a crime when the MCSO has an image.

“The sheriff’s office has never and will never, nor do we intend to, install it on existing cameras where facial recognition technology is constantly scanning images,” Barkow said.

The board resolution received backing from civic, civil rights and advocacy organizations including the Milwaukee Turners and ACLU of Wisconsin. Those organizations have also been calling on the Milwaukee Common Council to adopt a Community Control over Police Surveillance (CCOPS) ordinance creating a democratic process for reviewing law enforcement surveillance technology and practices.

Some of the items in the CCOPS ordinance echo provisions in the resolution passed by the county board Thursday, including an approval process for new technology and updates on their use.