(1) The department is the only government entity in the state authorized to use a facial recognition system to conduct a facial recognition comparison on an image database that is maintained by or shared with the department.
(2) The department may only use a facial recognition system:
(a) for a purpose authorized in Subsection 77-23e-103(2)(c); or
(b) notwithstanding Subsection 77-23e-103(2)(b), to:
(i) compare an image taken of an applicant for a license certificate or an identification card to determine whether the applicant has submitted a fraudulent or an inaccurate application; or
(ii) provide images for a photo lineup for a purpose authorized in Subsection 77-23e-103(2)(c).
(3) Notwithstanding Subsection 77-23e-103(2)(a)(ii), a law enforcement agency shall submit a request to the department to use a facial recognition system on an image database maintained by the department through the Utah Criminal Justice Information System.