Colorado’s House of Representatives has passed a landmark piece of legislation aimed at establishing robust oversight of government use of facial recognition technology. The Facial Recognition Protections Bill, sponsored by Representative Michael Carter, introduces detailed requirements for how state and local agencies may implement facial recognition systems. It mandates transparency, accuracy testing, data minimization, and additional safeguards for sensitive populations.
The bill includes strict limitations on data collection and retention, and it requires agencies to conduct regular accuracy testing of facial recognition systems. These evaluations must align with technical standards developed by the National Institute of Standards and Technology (NIST), including its widely respected Face Recognition Vendor Test (FRVT). Recent NIST reports have highlighted performance disparities between systems, particularly in terms of demographic accuracy, underscoring the need for consistent benchmarking.
In parallel with the House bill, lawmakers are also advancing Senate Bill 143, which directly targets facial recognition use in Colorado schools. The legislation seeks to extend an existing moratorium on school contracts with facial recognition vendors beyond July 1, 2025. Currently, K–12 schools are prohibited from adopting such technologies unless the contract predated August 10, 2022, or involves general consumer products like smartphones. SB143 introduces additional exceptions for emergency situations and law enforcement requests, reinforcing protections for minors while allowing for limited, controlled uses.
Separately, the legislature is considering House Bill 1130, a significant amendment to the Colorado Privacy Act that directly addresses the collection and handling of biometric data. The bill requires entities to obtain explicit consent before gathering biometric identifiers and sets out strict retention and deletion rules. It also expands the law’s reach to include small and mid-sized businesses, with some carve-outs for employment-related records. This expansion is expected to create new compliance burdens, particularly for smaller organizations that may lack the resources to meet technical and legal obligations.
Taken together, these bills represent one of the most comprehensive state-level efforts to regulate facial recognition and biometric data in the United States. However, Colorado’s approach differs from laws in states like Illinois and Washington. For example, unlike Illinois’s Biometric Information Privacy Act (BIPA), Colorado’s biometric regulations do not include a private right of action. Enforcement is handled exclusively by the state attorney general and local district attorneys. Recent industry compliance efforts in Illinois demonstrate how such legal frameworks are already reshaping biometric technology deployment nationwide.
The push for regulation comes amid heightened scrutiny of facial recognition technology and its potential misuse. Clearview AI recently agreed to a $51.7 million settlement over alleged privacy violations in Illinois, even as it continues to pursue new contracts with U.S. law enforcement. The case has become a cautionary example of what can happen in the absence of strong biometric data protections—an issue Colorado’s lawmakers are now trying to address head-on.
Colorado’s biometric bills are currently under active consideration in both legislative chambers. SB143 has passed committee and awaits amendments before a full Senate vote. The Facial Recognition Protections Bill is now moving to the Colorado Senate for debate. If enacted, the combined legislative package would position Colorado as a national leader in responsible facial recognition oversight.
Sources: Colorado House Democrats, Colorado Legislature, Denverite
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April 4, 2025 – by Cass Kennedy
