ACLU-NJ Responds to NJSC Ruling Applying Constitutional Safeguards to Use of Facial Recognition in Criminal Investigations

Following the New Jersey Supreme Court’s ruling in State v. Miles requiring New Jersey law enforcement to disclose information to defendants about the State’s use of facial recognition technology during criminal investigations, Dillon Reisman, Staff Attorney at the ACLU of New Jersey, issued the following statement:

“Today’s decision by the New Jersey Supreme Court in State v. Miles is a major victory for civil liberties. As one of the first state high court rulings of its kind, today’s opinion applies constitutional safeguards to the use of facial recognition technology in criminal investigations. It has been proven that these systems have a high risk of misidentifying innocent people – especially people of color – as perpetrators of a crime. The Court now affirms that defendants are entitled to crucial information about those systems in order to make their defense. With this ruling, New Jersey has set a precedent that opens the door to meaningful transparency into the use of new technologies by law enforcement.”