Colorado Revised Statutes Title 24. Government State § 24-18-307. Use of facial recognition service by law enforcement agencies--surveillance and tracking--prohibited uses--warrants

(1) A law enforcement agency shall not use a facial recognition service to engage in ongoing surveillance, conduct real-time or near real-time identification, or start persistent tracking unless:

(2) A law enforcement agency shall not apply a facial recognition service to any individual based on the individual's religious, political, or social views or activities; participation in a particular noncriminal organization or lawful event; or actual or perceived race, ethnicity, citizenship, place of origin, immigration status, age, disability, gender, gender expression, gender identity, sexual orientation, or other characteristic protected by law.

(3) A law enforcement agency shall not use a facial recognition service to create a record depicting any individual's exercise of rights guaranteed by the first amendment of the United States constitution and by section 10 of article II of the state constitution.

(4) A law enforcement agency shall not use the results of a facial recognition service as the sole basis to establish probable cause in a criminal investigation. The results of a facial recognition service may be used in conjunction with other information and evidence lawfully obtained by a law enforcement officer to establish probable cause in a criminal investigation.

(5) A law enforcement agency shall not substantively manipulate an image for use in a facial recognition service in a manner not consistent with the facial recognition service provider's intended use and training.