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A. It shall be unlawful for the city of Bellingham or any city of Bellingham official to:

1. Obtain, retain, store, possess, access, use, or collect:

a. Any facial recognition technology; or

b. Any data or information derived from a facial recognition technology or other use of facial recognition;

2. Enter into a contract or other agreement with any third party for the purpose of obtaining, retaining, storing, possessing, accessing, using, or collecting, by or on behalf of the city of Bellingham or any city of Bellingham official:

a. Any facial recognition technology; or

b. Any data or information derived from a facial recognition technology or other use of facial recognition; or

c. Issue any permit or enter into a contract or other agreement that authorizes any third party to obtain, retain, store, possess, access, use, or collect:

i. Any facial recognition technology; or

ii. Any data or information derived from a facial recognition technology or other use of facial recognition.

B. The inadvertent or unintentional obtainment, retention, storage, possession, access, use, or collection of any information obtained from facial recognition technology by the city of Bellingham or any city of Bellingham official shall not be a violation of this section provided:

1. The city of Bellingham or any city of Bellingham official did not request or solicit the obtainment, retention, storage, possession, access, use, or collection of such information; and

2. A designated city of Bellingham official logs such obtainment, retention, storage, possession, access, use, or collection; and

3. A designated city of Bellingham official publishes that information on the city council’s website within 30 days or in the agenda for the next regular meeting of the city council. Such a report shall not include any personally identifiable information or other information the release of which is prohibited by law; and

4. A designated city of Bellingham official notifies any and all persons identified as a result of such inadvertent or unintentional obtainment, retention, storage, possession, access, use, or collection of any information obtained from facial recognition technology within 30 days of discovery of such inadvertent or unintentional obtainment, retention, storage, possession, access, use, or collection of any information by registered mail. [Res. 2021-19 § 3].