Effective Date
Oct 1, 2020
Applies To
All Employers
Focus Area
Facial Recognition
Enforcement
Commissioner of Labor
What HB 1202 Requires
Written Consent Required
Employers may not use facial recognition technology during job interviews unless the applicant signs a written waiver specifically authorizing its use.
- Consent must be obtained before any facial recognition is used
- Must be a signed, written waiver — verbal consent is not sufficient
- Waiver must specifically reference facial recognition technology
What Counts as "Facial Recognition"
The law covers any technology that creates a "facial template" — a machine-readable representation of facial geometry used to identify individuals. This includes:
- Video interview platforms with facial analysis (e.g., HireVue's legacy features)
- Identity verification tools that scan faces during onboarding
- Proctoring software with facial recognition for assessments
Who Must Comply
All employers conducting interviews in Maryland, regardless of company size or industry. This applies if:
- The interview takes place in Maryland (in-person or remote with MD-based candidates)
- The employer uses any tool that creates facial geometry templates
- Applies to both direct employers and staffing agencies
How to Comply
Audit your interview tools
Identify any video interview or assessment tools that use facial recognition or facial analysis technology.
Create a written waiver
Draft a clear, specific consent form that explains the facial recognition technology being used and requests the applicant's written authorization.
Implement consent collection
Ensure the waiver is presented and signed before any facial recognition technology is activated during the interview process.
Train your hiring team
Educate recruiters and hiring managers on the consent requirement and proper procedures for Maryland-based interviews.
Document everything
Maintain records of signed waivers and your facial recognition policies for compliance audits.
Get Compliant Today
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Complex compliance needs
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Disclaimer: This content is for informational purposes only and does not constitute legal advice. Employment laws vary by jurisdiction and change frequently. Consult a qualified employment attorney for guidance specific to your situation. EmployArmor provides compliance tools and resources but is not a law firm.