Resources/Database Info

Database Guide

Law enforcement and government agencies have access to over 641 million photos for facial recognition purposes—photos of more than half of Americans. Knowing which agencies can access these images is necessary to fight back against this invasion of privacy. Learn more below.

State Licenses

Across the U.S., law enforcement and government agencies are tapping into DMV photo databases and using face recognition to scan licenses and IDs.

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Alabama

Alabama’s Motor Vehicle Division responds to facial recognition requests from FBI’s FACE Services. ? Alabama was non-responsive to our public records request, making it difficult to know who else has access to the state’s facial recognition database.

Sources: U.S. Government Accountability Office (2019); FBI Memorandum of Understanding (2014); AL Motor Vehicle Division Correspondence (2020)

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Alaska

The Alaska Division of Motor Vehicles (DMV) responds to requests from various law enforcement agencies as well as federal agencies such as Immigration and Customs Enforcement (ICE), and other state transportation departments. The Alaska DMV also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: DMV Email Correspondence (2017); State of Alaska Facial Recognition Request List (as of July 2017); AAMVA Email Correspondence (2020)

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Arizona

Maricopa County Sheriff’s Office has access to the entire Arizona’s Department of Transportation (ADOT) database through their own face recognition system. Additionally, ADOT responds to external facial recognition requests from law enforcement agencies and non-criminal justice agencies. A list of agency requests made during 2017 includes FBI FACE Services Unit, the Reno Police Department, the Colorado Department of Revenue, and the Rocky Mountain High-Intensity Drug Trafficking Area. ADOT also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: Maricopa County Sheriff’s Office (2016); Sample Agency Requests (2017); Arizona Department of Transportation Operational Order (2016); ADOT Facial Recognition Request Form (2017); FBI Memorandum of Understanding (2017); AAMVA Email Correspondence (2020)

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Arkansas

The Arkansas Department of Finance and Administration (ADFA) responds to facial recognition requests from FBI’s FACE Services. ? Additionally, ADFA has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: FBI Memorandum of Understanding (2017); AAMVA Email Correspondence (2020)

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California

California’s Department of Motor Vehicles does not use facial recognition.

Sources: WXXI NEWS (2019)

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Colorado

Colorado’s Division of Motor Vehicles (DMV) responds to facial recognition requests from law enforcement for cases “which include national security violations, homicide, kidnapping, sexual assault, robbery, aggravated assault, threats of bodily harm, extortion or threat to injure a person, sex offenses, cruelty toward children or spouse, resisting an officer and weapons.” In 2016, the Colorado DMV implemented new procedures to limit results to law enforcement requests to the “most probable” matches, and to not mention facial recognition in any reports. (It is unclear which reports.) The request form also indicates that the request and any results must be excluded from investigative reports. Colorado’s DMV also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: Colorado Motor Vehicles Investigations Unit Correspondence (2016); Colorado Motor Vehicles Investigations Unit Request Form (2017)

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Connecticut

According to the U.S. Government Accountability Office, Connecticut’s Department of Motor Vehicles is in negotiations to share access to its photo repository with the FBI’s FACE Services. ? As of March 2020, the DMV had not responded to a request for public records about the subject, making it difficult to know who else has access to the state’s facial recognition database.

Sources: U.S. Government Accountability Office (2019)

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Delaware

Delaware’s Department of Transportation (DelDOT) responds to facial recognition requests from FBI’s FACE Services. ? DelDOT also responds to requests from law enforcement that are sent via DIAC, the Delaware Information and Analysis Center, or that are sent with a case number.

Sources: U.S. Government Accountability Office (2019); DelDOT Correspondence (2017); Delaware Procedure for Law Enforcement Facial Recognition (2020); FBI Memorandum of Understanding (2018); Example Facial Recognition Request (2019)

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District of Columbia

According to the U.S. Government Accountability Office, Washington D.C.’s Department of Motor Vehicles responds to facial recognition requests from FBI FACE Services Unit. No information is available in relation to whether other agencies have access to the state’s facial recognition database.

Sources: U.S. Government Accountability Office (2019)

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Florida

Florida’s Department of Highway Safety and Motor Vehicles has access to the oldest face recognition program in the country, Face Analysis Comparison and Examination System (FACES), which includes 19 million driver’s licence photos (as of 2015) shared with 273 partner agencies (as of 2019), including 17 federal agencies (including FBI FACE Services Unit, ICE, CBP, and IRS), as well as university police and many other state and federal agencies.

Sources: Orlando Sentinel (2019); Miami-Dade Police (2019; AAMVA Presentation (2015)

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Georgia

According to the Deputy Director of the Georgia State Senate Research Office, Georgia’s Department of Driver’s Services (DDS) uses face recognition when “requested by a law enforcement agency, including the FBI, [to search] its database on behalf of the law enforcement agency conducting a criminal investigation,” but no one outside of the Department is granted direct access to the database.

Sources: State Senate Research Office (2019)

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Hawaii

The Hawaii Department of Transportation has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: Hawaii Department of Transportation AAMVA Agreement (2007); AAMVA Email Correspondence (2020)

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Idaho

The Idaho Transportation Department (ITD) does not have facial recognition capability. However, they do have an agreement to respond to facial recognition requests from FBI’s FACE Services Unit, an agreement with which they cannot comply. ITD also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: Idaho Transportation Department Email Correspondence (2019); FBI Memorandum of Understanding (2019); Idaho State Police Memorandum of Understanding (2019); AAMVA Email Correspondence (2020)

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Illinois

The Illinois Department of Motor Vehicles (DMV) responds to facial recognition requests from FBI’s FACE Services Unit and the Illinois State Police, and also shares driving records and photos directly with LEADS. ? The Illinois DMV also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: FBI Memorandum of Understanding (2012); Illinois Interagency Agreement (2017); AAMVA Email Correspondence (2020);

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Indiana

The Indiana Bureau of Motor Vehicles responds to facial recognition requests from FBI’s FACE Services Unit, and has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: Indiana State Police Memorandum of Understanding (2015); FBI Memorandum of Understanding (2017); AAMVA Contract (2017); AAMVA Email Correspondence (2020)

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Iowa

The Iowa Department of Transportation (DOT) responds to facial recognition requests from the FBI’s FACE Services, ? has “enabled file-sharing” with the Iowa Department of Public Safety, and has signed a cross-jurisdictional agreement to share images with Nebraska and Illinois for the purpose of preventing fraud in the Commercial Driver’s License issuing process. Additionally, Iowa’s DOT has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington. As of 2012, Iowa DOT discontinued responding to external law enforcement requests.

Sources: Iowa Department of Public Safety Memorandum of Understanding (2014); FBI Memorandum of Understanding (2017); Nebraska, Iowa, Illinois Memorandum of Understanding (2016); Iowa DOT Investigation Policy Manual (2014); U.S. Department of Transportation Grant Agreement (2015); AAMVA Email Correspondence (2020)

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Kansas

The Kansas Department of Revenue’s Division of Vehicles Office of Special Investigation responds to external law enforcement agency facial recognition requests on a case-by-case basis. Kansas state law also allows that “[p]hotographs or digital images maintained by the division of vehicles in connection with the issuance of drivers’ licenses may be disclosed to any federal, state or local agency, including any court or law enforcement agency, to assist such agency in carrying out the functions required of such governmental agency.” The Kansas Division of Vehicles also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: Kansas Office of Revisor of Statutes (2019) Kansas Department of Revenue Email Correspondence (2017); AAMVA Email Correspondence (2020)

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Kentucky

The Kentucky Department of Motor Vehicles (DMV) responds to facial recognition requests from FBI’s FACE Services Unit, and has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Indiana, Illinois, Iowa, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington. The appropriate state offices claimed that they did not have responsive records to a request for public records about the subject, making it difficult to know who else has access to the state’s facial recognition database.

Sources: Perpetual Lineup (2017); Kentucky Department of Homeland Security Correspondence (2020)

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Louisiana

According to the U.S. Government Accountability Office, Louisiana’s Motor Vehicle Division (MVD) does not allow the FBI to access its facial recognition database. As of March 2020, the MVD had not responded to a request for public records about the subject, making it difficult to know who else has access to the state’s facial recognition database.

Sources: U.S. Government Accountability Office (2019)

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Maine

Maine’s Bureau of Motor Vehicles (BMV) has stated that it will respond to facial recognition inquiries from FBI and Immigration and Customs Enforcement, with the approval of the Secretary of State’s Division of Enforcement. It will also “cooperate with Maine law enforcement agencies,” as long as the request is “justified.”

Sources: Press Herald (2019)

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Maryland

Maryland is one of the few states (as of March 2020) whose DMV facial recognition database is directly accessible by the FBI. Immigration and Customs Enforcement agents can also access the database. Additionally, Maryland’s DMV has signed a cross-jurisdictional agreement to share images with New York, Connecticut, and New Jersey to screen for fraud. It has an additional agreement with the New York State Department of Motor Vehicles to exchange driver license records “on a near real-time basis.” Additionally, Maryland’s MVA also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington. The MVA also responds to requests to share data made by the Maryland Department of Public Safety and Correctional Services.

Sources: Maryland Motor Vehicle Administration Memorandum of Understanding (2017); Maryland Motor Vehicle Administration Agreement (2017); U.S. Department of Transportation Grant Agreement (2017); AAMVA Email Correspondence (2020)

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Massachusetts

The Massachusetts Department of Transportation (DOT) responds to facial recognition requests from law enforcement on specific case by case queries related to criminal investigations. The Massachusetts DOT also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Indiana, Illinois, Iowa, Kentucky, Maryland, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: NBC Boston (2019); ACLU Massachusetts (2019); AAMVA Email Correspondence (2020)

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Michigan

The Michigan State Police runs the Statewide Network of Agency Photos (SNAP), a database of 4 million mug shots and 41 million driver’s license and ID photos from the Michigan Department of State. Officers can run searches from a desktop computer or a mobile device. The FBI can also request facial recognition searches of at least 35.6 million driver’s license and ID photos.

Sources: Perpetual Lineup (2017); Michigan Attorney General Correspondence (2020)

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Minnesota

According to the Minnesota Department of Public Safety, Driver and Vehicle Services does not run external facial recognition searches.

Sources: Minnesota Department of Public Safety Correspondence (2019); Minnesota Bureau of Criminal Apprehension Sample Agreement (2019)

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Mississippi

The Mississippi Department of Public Safety (DPS), which includes the state highway patrol, Bureau of Investigation, and other state law enforcement divisions, maintains the state’s driver’s license and ID photo repository. According to the U.S. Government Accountability Office, DPS is in negotiations to share access to its photo repository with the FBI’s FACE Services. ? DPS also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Indiana, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: U.S. Government Accountability Office (2019); AAMVA Email Correspondence (2020)

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Missouri

Missouri's Department of Revenue is prohibited by law from using face recognition on their database. This law expires in 2022.

Sources: Missouri State Law (2017)

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Montana

As recently as 2017, Montana’s Motor Vehicle Division (MVD) did not allow state, local or federal law enforcement to access its facial recognition database. More recently (2019), the U.S. Government Accountability Office determined that Montana’s Motor Vehicle Division does not allow the FBI to access its facial recognition database, but it is unclear if it now allows access to any other agencies.

Sources: U.S. Government Accountability Office (2019); AAMVA DMV Investigative Unit Resource Guide (2017)

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Nebraska

Nebraska’s Department of Motor Vehicles (DMV) responds to facial recognition requests from FBI’s FACE Services Unit, and offers access to some employees of the Nebraska State Patrol, the Lincoln Police Department, the Omaha Police Department, and (pending review) the Nebraska Department of Corrections. Nebraska will also respond to requests from federal, state, or local law enforcement involving a criminal matter or ongoing investigation. Nebraska has signed a cross-jurisdictional agreement to share images with Illinois and Iowa for the purpose of preventing fraud in the Commercial Driver’s License issuing process. Additionally, Nebraska’s DMV has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: Illinois Interagency Agreement (2017); Omaha Police Department Memorandum of Understanding (2017); Nebraska Department of Corrections Memorandum of Understanding (Under review as of 2017); Nebraska DMV Facial Recognition Request Application (2017); Lincoln Police Department Memorandum of Understanding (2017); Nebraska State Patrol Memorandum of Understanding (2017); AAMVA Email Correspondence (2020)

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Nevada

The Nevada Department of Motor Vehicles (DMV) responds to facial recognition requests from out of state law enforcement agencies and other criminal agencies via the Nevada Threat Analysis Center, totaling 788 requests between June 14, 2015, and March 8, 2018. Additionally, Nevada’s DMV has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: Nevada Department of Motor Vehicles Notice (2016); Facial Recognition Search Log (2015); Sample Request (2018); Nevada Department of Motor Vehicles Correspondence (2018); AAMVA Email Correspondence (2020)

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New Hampshire

The New Hampshire Division of Motor Vehicles is prohibited by state law from using any facial recognition technology in connection with taking or retaining any photograph or digital image.

Sources: New Hampshire DMV (2017)

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New Jersey

New Jersey’s Motor Vehicle Commission responds to facial recognition requests from courts or law enforcement agencies, including federal agencies and local and state police, and shares access to its photo database with the New York State Department of Motor Vehicles as part of its Interstate Fraud Prevention Initiative to prevent fraud in the Commercial Driver’s License issuing process.

Sources: New York State Department of Motor Vehicles (2017); New Jersey Motor Vehicle Commission Request form (2017)

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New Mexico

New Mexico’s Motor Vehicle Division (MVD) responds to facial recognition requests from FBI’s FACE Services. ? Additionally, New Mexico’s MVD has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, North Dakota, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: AAMVA Email Correspondence (2020); Government Accountability Office (2016); Government Accountability Office Report (2019)

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New York

The New York State Department of Motor Vehicles (DMV) does “not permit any local, state or federal police department or government agency, including ICE, to access its photo database for facial recognition purposes.” The DMV does have agreements to share data with the Connecticut, Maryland, and New Jersey Departments of Motor Vehicles, for the purpose of preventing fraud in the Commercial Driver’s License issuing process.

Sources: Democrat and Chronicle (2019); New York State Department of Motor Vehicles Correspondence (2017); Training Manual (2017); New Jersey Motor Vehicle Commission Agreement (2017); Maryland Motor Vehicle Administration Agreement (2017)

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North Carolina

North Carolina’s Division of Motor Vehicles responds to facial recognition requests from FBI’s FACE Services. ? As of March 2020, the DMV had not responded to a request for public records about the subject, making it difficult to know who else has access to the state’s facial recognition database.

Sources: U.S. Government Accountability Office (2019)

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North Dakota

North Dakota’s Department of Transportation (DOT) shares access to its photo repository with the North Dakota Bureau of Criminal Investigation, which is the single access point for all requests from law enforcement. Additionally, North Dakota’s DOT also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, Ohio, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: North Dakota Bureau of Criminal Investigation Agreement (2010); AAMVA Email Correspondence (2020)

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Ohio

The Ohio Bureau of Motor Vehicles (BMV) shared access to driver's license photos with law enforcement and federal government agencies for facial recognition purposes until access was paused in September, 2019. As of September, 2019, the images are still shared with the Ohio Bureau of Criminal Investigation, which can search on behalf of other agencies. Additionally, Ohio’s BMV also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Pennsylvania, South Dakota, Virginia, and Washington.

Sources: Bureau of Criminal Investigation (2016); Cincinnati Enquirer (2019); AAMVA Email Correspondence (2020)

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Oklahoma

The Oklahoma Department of Public Safety does not use face recognition or share data.

Sources: Oklahoma Department of Public Safety (2017); U.S. Government Accountability Office (2019)

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Oregon

Oregon Driver and Motor Vehicle Services (DMV) does not allow external entities to use their facial recognition system.

Sources: Oregon DMV Policy Manual (2013); Oregon DMV Correspondence (2017)

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Pennsylvania

The Pennsylvania Department of Transportation (DOT) shares access to its photo repository via the Pennsylvania Justice Network ?, which is open “to any municipal, county, state or federal law enforcement agency” in the state. A variety of federal agencies also have access, including FBI and the Department of Homeland Security. Additionally, Pennsylvania’s DOT has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, South Dakota, Virginia, and Washington.

Sources: Philadelphia Inquirer (2019); Pennsylvania Department of Transportation (2014); AAMVA Email Correspondence (2020)

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Rhode Island

In 2016, the Rhode Island Division of Motor Vehicles (DMV) denied a US. Government Accountability Office report stating it was in negotiations to share facial recognition photo access with the FBI. In February 2020, Rhode Island’s DMV responded stated that they had no responsive documents to a request for public records about the subject, making it difficult to know who else has access to the state’s facial recognition database.

Sources: Rhode Island DMV Correspondence (2020); Govtech (2016)

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South Carolina

The South Carolina Law Enforcement Division maintains a database containing driver’s license photos, mugshots, and probation photos, and responds to FBI queries to search this database. However, some local law enforcement agencies can reportedly run direct queries through a separate face recognition system, although how is unclear.

Sources: Facial Recognition System Proposal (2015), South Carolina Law Enforcement Division Memorandum of Understand with the Federal Bureau of Investigation (2013), The State (2018)

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South Dakota

The South Dakota Department of Public Safety (DPS) responds to requests through the South Dakota Fusion Center, which may be submitted by law enforcement and government agencies. Additionally, South Dakota DPS also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, Virginia, and Washington.

Resources: South Dakota Department of Public Safety Correspondence (2017); South Dakota Fusion Center Privacy Policy (2019); AAMVA Email Correspondence (2020)

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Tennessee

The Tennessee Division of Motor Vehicles responds to facial recognition requests from FBI FACE Services Unit.

Sources: U.S. Government Accountability Office (2019); Tennessee Department of Safety and Homeland Security (2020); FBI Memorandum of Understanding (2014)

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Texas

The Texas Department of Public Safety (DPS) maintains the Texas Department of Motor Vehicles photo repository, which includes a facial recognition system established by state statute. The statute also requires that DPS use the facial recognition system to aid law enforcement agencies in conducting criminal investigations. DPS also has an agreement to respond to facial recognition requests from FBI’s FACE Services. ? Email correspondence indicates that DPS may also respond to requests from other agencies, but does not indicate which agencies.

Sources: Texas DPS Email Correspondence (2013); FBI Memorandum of Understanding (2013); Texas Transportation Code (2017); Texas Transportation Code (2)

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Utah

The Utah Department of Public Safety (DPS) responds to requests from the FBI, law enforcement, and other government agencies that can provide an official case or report number in order to run facial recognition queries on their repository, which consists of mugshots, corrections photos, and drivers licenses. A list of agency requests made during 2017 includes Immigration and Customs Enforcement, the Department of Homeland Security, various state Fusion Centers, state Secret Service agencies, and the United States Office of National Drug Control Policy.

Sources: Utah Department of Public Safety- Agency Request List (2015-2017); DPS Data Sharing Policy and Procedure (2011); FBI Memorandum of Understanding (2013)

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Vermont

The Vermont Department of Motor Vehicles face recognition system was shut down as of 2017, because it violated state law.

Source: Burlington Free Press (2017)

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Virginia

Virginia’s Department of Motor Vehicles (DMV) does not have facial recognition technology in place. However, they did conduct an internal pilot of facial recognition technology (more than 4 years ago), during which they did not accept external requests. Virginia’s DMV does have an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database, and may itself send images to other states which check them against their own databases using facial recognition: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, and Washington.

Sources: Virginia Department of Motor Vehicles Correspondence (2017); Virginia Department of Motor Vehicles Correspondence (2017); AAMVA Email Correspondence (2020)

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Washington

The Washington State Department of Licensing (DOL) does not give external entities direct access to its facial recognition system. However, DOL will run photos through facial recognition for law enforcement “with a court order to determine whether the person has been issued a driver license or ID under a different name,” and if a match occurs, will respond with the matches’ Name, Photo, Date of birth, Driver license or ID card number, and Card issuance date. It is unclear how DOL determines the accuracy of a match. DOL also has an agreement with the American Association of Motor Vehicle Administrators (AAMVA) ? to allow the following states to access digital images from their photo database, and may itself send images to other states which check them against their own databases using facial recognition: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Pennsylvania, South Dakota, and Virginia.

Sources: DOL Facial Recognition Policy (Online) (2020); AAMVA Email Correspondence (2020)

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West Virginia

The West Virginia Division of Motor Vehicles shares images with law enforcement agencies and government agencies who sign a confidentiality agreement. The DMV may also respond to requests from courts, insurance companies, and others, according to state law.

Sources: West Virginia DMV Email Correspondence (2017); West Virginia DMV Privacy Policy (2017)

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Wisconsin

The Wisconsin Division of Motor Vehicles (DMV) responds to queries from the Wisconsin Department of Justice, which includes federal and state law enforcement agency requests. In 2016, the agency reported receiving 238 requests.

Sources: Wisconsin Law Enforcement Request Procedure (2017); Wisconsin Law Enforcement Request Statistics (2017); Wisconsin DMV Email Correspondence (2017)

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Wyoming

According to the U.S. Government Accountability Office, Wyoming’s Department of Transportation (DOT) does not allow the FBI to access its facial recognition database. DOT has not responded to a request for public records about the subject, making it difficult to know if other agencies have access to the state’s facial recognition database.

Sources: U.S. Government Accountability Office (2019)

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Federal Job Applicant Photo Database

Photos of Federal Job Applicants and Others Who Must Submit to a Background Check

Everyone who applies for a job with the federal government—whether a high-level employee at the CIA or a food service worker or even a student intern—must be fingerprinted. Those fingerprints are included in the FBI’s “Next Generation Identification” system (NGI). While photos are currently rare, in the future, they may be required. Additionally, depending on state requirements, any job applicant required to submit to a background check (like a childcare worker, or even a hairdresser, dentist, architect, or lawyer) may be required to submit a photo, which in some states is shared with NGI. While those photos are currently kept separate from photos associated with the criminal justice system, if you are ever arrested for a crime, your background check photo will be linked with your mugshot photo and will be searched.

Sources: EFF (2018); EFF (2016)

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Passports, Visa, Travel

The U.S. Department of State provides access to its Passport and Visa photo database to the Department of Homeland Security, FBI FACE Services Unit, and the Department of Commerce.?

Sources: FBI Statement (2019); DHS Privacy Impact Assessment (2018); Department of State Privacy Impact Assessment (2008)

Your U.S. Passport or Visa photo may be shared with:

  • Federal Government: FBI FACE Services Unit, DHS, The Department of Defense

TSA Pre-Check

New enrollees in TSA’s Pre-Check program, and those renewing, are required to provide a photograph after 2019. These photographs are shared with the Department of Homeland Security for inclusion in their IDENT/HART ? database.

Resources: TSA Roadmap Press Release (2018); TSA Roadmap (2018)

Your TSA Pre-Check photo is shared with:

  • Federal Government: DHS
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