According to the Washington Post, hundreds of Americans have been arrested after being connected to a crime by facial recognition software, but many don’t know it because the police seldom disclose their use of the controversial technology.
The post found that officers often obscured their reliance on the software in public-facing reports, saying that they identified suspects "through investigative means" or that a human source such as a witness or police officer made the initial identification.
According to operations deputy chief Ryan Gallagher, the Coral Springs Police Department in South Florida instructs officers not to reveal the use of facial recognition in written reports.
He said investigative techniques are exempt from Florida's public disclosure laws. Gallagher added that the department would disclose the source of the investigative lead if it were asked in a criminal proceeding.
Prosecutors are required to inform defendants about any information that would help prove their innocence, reduce their sentence or hurt the credibility of a witness testifying against them.
When prosecutors fail to disclose such information —a "Brady violation" after the 1963 Supreme Court ruling that mandates it — the court can declare a mistrial, overturn a conviction or even sanction the prosecutor.
No federal laws regulate facial recognition, and courts disagree on whether AI identifications are subject to Brady rules. Some states and cities have begun mandating greater transparency around the technology. Still, even in these locations, the technology is either not being used that often or not being disclosed, according to interviews and public records requests.
After reviewing The Post's findings, Miami police and local prosecutors announced plans to revise their policies to require clearer disclosure in every facial recognition case.