The state’s highest court ruled that criminal defendants can obtain information about how facial recognition technology was used in an investigation, but not proprietary software details without a stronger showing of need.
The New Jersey Supreme Court issued a unanimous decision Wednesday clarifying what evidence prosecutors must disclose when facial recognition technology is used in a criminal investigation.
In State v. Tybear Miles, the court held that defendants are entitled to discovery identifying the facial recognition tools used by investigators and information showing how those tools were employed during the investigation. However, the court said defendants are not automatically entitled to proprietary information, such as the software’s source code…