Maryland HB 1202 - Facial Recognition in Hiring

MDFor companies using AIMediumseverityIn effect

In effect since

Overview

Prohibits employers from using facial recognition technology during job interviews without written consent from the applicant.

This is an AI-specific state law.

Who this applies to

This regulation applies to companies that use or deploy AI tools and systems built by other vendors. If your company uses AI-powered products in the areas listed below, this regulation may apply to you.

AI categories covered

  • Employment and hiring

Specific AI use cases:

  • Video interview analysis

What this requires you to do

  • Consent required

    Obtain consent. Get explicit permission from individuals before collecting or using their data with AI.

  • Transparency notice required

    Provide transparency notices. Inform affected individuals that AI is being used and how it influences decisions.

Enforcement and penalties

Enforced under Maryland employment law. Private right of action available.

This regulation includes a private right of action, which means individuals can file lawsuits directly. This significantly increases litigation risk.

Source

Read the full text

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB1202?ys=2020RS

Always verify current language and amendments at the official source.

Other Maryland regulations

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