Training Gaps in Facial Recognition Tech Leaves Federal Agents Vulnerable
As facial recognition technology becomes more ubiquitous in daily life, a congressional watchdog is questioning whether federal law enforcement officers are being adequately trained on using the technology. A September 2023 report by the U.S. Government Accountability Office (GAO) suggested federal law enforcement agencies are not sufficiently training their agents on usage of facial recognition. Additionally, per GAO, some agencies do not have specific policies to protect people’s civil rights and civil liberties when using this technology. This lack of guidance could cause federal agents to have significant professional vulnerabilities. The use of facial recognition technology has become a hot-button issue throughout the mainstream media. Agencies have been intensely scrutinized for their actions and inactions. Without definitive procedures and protections in place, agents may expect additional scrutiny to manifest regarding allegations of misconduct and wrongdoing, leaving them to defend themselves against civil lawsuits, administrative actions, and even criminal investigations.
According to the GAO report, seven law enforcement agencies in the Departments of Homeland Security (DHS) and Justice (DOJ) are currently using facial recognition services to help identify suspects in crime scene images. GAO reports that all seven of these agencies used these services without requiring staff to undergo facial recognition training. As of April 2023, GAO reports only two agencies – Homeland Security Investigations (HSI) and U.S. Marshals Service (USMS) – require training. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Customs and Border Protection (CBP), Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), and U.S. Secret Service (USSS) do not have any training requirements in place, despite cumulatively conducting over 60,000 facial recognition searches since the technology has been rolled out.
Federal agents who have been involved in using facial recognition technology will not be immune to criticism just because their agencies have not provided proper training. Many lawmakers are concerned about the lack of guidance and have suggested that adequate training on the technology is required to reduce improper use or errors. GAO reported that DHS plans to finalize a department-wide policy this year to help protect people’s civil rights and civil liberties, but DOJ has faced delays in issuing one. While these policies are meant to benefit the public as well as federal law enforcement agencies, employees will still need to navigate their professional vulnerabilities. Once these policies are implemented, federal agents’ previous work may be scrutinized through the lens of the new guidance.
Alleged incidents, mistakes, and misconduct involving federal agents can lead to agency investigations. If an allegation is made against you, it is a necessity, not luxury, to have knowledgeable and effective counsel advocating on your behalf. Your agency attorney is not your attorney. It is the job of the agency attorney to defend the agency – not you. As a federal law enforcement agency employee, you need to have counsel that has specific experience representing federal employees with your professional vulnerabilities.
FEDS Protection offers federal employee PLI policies with $1 million, $2 million, or $3 million in civil liability protection for attorney’s fees and indemnity costs in the event you are sued in your civil capacity. The FEDS policy also includes $200,000 of legal representation coverage per incident for administrative actions and $100,000 of coverage for criminal defense costs. Annual premiums for FEDS Protection PLI start at $290, and federal managers and law enforcement officers are eligible for a reimbursement of up to 50% the cost of their PLI policy through their agency. To learn more about how a FEDS PLI policy can protect you and your career, visit www.fedsprotection.com or call (866) 955-FEDS, M-F, 8:30am-6pm to speak directly to a representative.
*This article is provided for informational purposes only and does not constitute legal advice.