As AI-powered hiring tools become more widespread, it is important to remember that some states have acted early and their laws should be reflected in an organization’s governance, risk, and compliance program. Maryland’s Labor and Employment Code Section 3-717 which became effective October 1, 2020, is one example. We break down the key requirements and highlight multistate considerations.
Q: Who does the law apply to?
The law applies to employers who use facial recognition services during applicant interviews. Its protections run to applicants, generally individuals who are interviewing for employment. The law does not, by its terms, extend to current employees or to other stages of the employment relationship beyond the interview. It is unclear, however, whether the law may also protect employees of an organization applying for other positions at the same organization.
Q: What does Maryland Section 3-717 actually prohibit?
The statute prohibits an employer from using a “facial recognition service” to create a “facial template” during a job applicant’s interview, unless the applicant has first provided consent. A “facial recognition service” is defined as technology that analyzes facial features and is used for the recognition or persistent tracking of individuals in still or video images, and a “facial template” is the machine-interpretable pattern of facial features extracted from one or more images of an individual by such a service.
Q: How does an applicant give...
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