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SOP-38 Facial Comparison Analysis Police Services Division SOP-38 Issued: 10/11/2023 SUBJECT: FACIAL COMPARISON ANALYSIS PURPOSE AND SCOPE: To establish procedures for the acceptable use of the images, information, and tools within a facial comparison analysis system. The Rohnert Park Department of Public Safety will utilize facial comparison analysis technology solely as a tool during investigations and active law enforcement incidents while recognizing the established privacy rights of the public. This policy applies to all sworn and civilian law enforcement personnel who are granted direct access to the facial comparison analysis system as well as personnel who are permitted to request facial recognition searches. Any outside agency or personnel from an outside agency, requesting facial comparison analysis assistance with an investigation, must adhere to this policy. I. BACKGROUND: Facial comparison analysis refers to an automated process of matching face images utilizing algorithms and biometric scanning technologies. The facial comparison analysis system runs searches against a photo database of known individuals. The system is used to identify possible subjects who are part of a law enforcement investigation. II. DEFINITIONS • Facial comparison analysis technology: The automated comparison of a facial image for the purpose of obtaining the personal identifying information (PII) of the person depicted in the subject image, against a known person database, publicly available social media accounts, publicly available Internet websites, and/or open-source photo databases, resulting in a list of candidates generated by algorithmic search comparisons used by commercial facial recognition platforms. • Facial comparison analysis search result: An image returned by a facial comparison analysis system that represents a potential investigative lead based on algorithmic similarity to the submitted image. • Identification: The action or process of identifying a person. A positive facial comparison analysis search result is not considered a positive identification. III. PROCEDURES A. Facial Comparison Analysis Operation 1. Use of the facial comparison analysis system is restricted to the purposes outlined below. Department personnel shall not use, or allow others to use, the equipment or database records for any unauthorized purpose. 2. Facial comparison analysis shall only be used for official and legitimate law enforcement business. a. Facial comparison analysis shall only be used when there is reasonable suspicion that such use will provide information relevant to an active investigation, imminent threat to health or safety, or to help in the identification of deceased persons or persons unable to identify themselves. b. Facial comparison analysis may be used to assist in the identification of missing persons that are identified as “At-Risk”. c. Facial comparison analysis technology must be used in accordance with all federal and state laws, and all department policies. d. Potential matches returned by facial comparison analysis systems are to be considered investigative leads only and shall not be used as the sole basis for a detention, arrest, identification, or request for a warrant of any kind. e. No employee shall verify a person’s identity based solely on possible match results provided by the facial recognition systems. f. Investigative searches shall only be conducted by trained Face Examiners. Face Examiner refers to an individual who has received advanced training in the facial comparison analysis system and its features. Examiners have at least a working knowledge of the limitations of facial comparison analysis and the ability to use image editing software. 3. This Procedure does not limit a Face Examiner from utilizing the facial comparison analysis system in a proactive manner for cases being investigated by officers of this department. B. Prohibited Use 1. The Rohnert Park Department of Public Safety and its personnel shall not perform or Request facial comparison analysis searches on individuals or organizations under the following circumstances: a. If those searches would violate applicable laws and/or other legal rights of the individual(s) including, but not limited to, searches that are conducted based solely on race, religion, ethnicity, citizenship, nation of origin, age, disability, gender, gender identification, sexual orientation, or other protected classification. b. To assist in the identification of victims or witnesses to a criminal offense. c. To assist in the identification of the owners of lost or stolen property. 2. Content obtained through the body-worn camera system is not to be used in accordance with facial comparison analysis systems. C. Reporting 1. The Rohnert Park Department of Public Safety Officer who requests the use of facial comparison analysis software shall document positive results in an associated report. D. Data Retention 1. The Rohnert Park Department of Public Safety will maintain a log/audit trail of requested, accessed, searched, or disseminated facial comparison analysis information which will be recorded through the Facial Comparison Analysis System. This information pertaining to facial comparison analysis requests will consist of the following details: • Date • Name of Face Examiner accessing the facial comparison analysis system • Case/Incident Number • Authorized Purpose • Action Name D. Releasing Facial Comparison Analysis Data to Allied Agencies 1. The Rohnert Park Department of Public Safety shares photos stored in the facial comparison analysis database with other law enforcement agencies upon an official request from another law enforcement agency. a. Facial comparison analysis data shall be available only to authorized users for legitimate law enforcement purposes. b. Reasonable efforts will be made to ensure the accuracy of its data. c. Audit trails shall be maintained by each agency as defined by their policy. 2. When fulfilling an official request to share information with an allied Law Enforcement Agency through the facial comparison analysis, the following statement will accompany any released identification information for lead development: “The Rohnert Park Department of Public Safety is providing this information as a result of search, utilizing facial comparison analysis software. This information is provided only as an investigative lead and is not to be considered a positive identification of any subject. Any possible connection or involvement of any subject to the investigation must be determined through further investigation and investigative resources.”