Editor’s note: This story was originally published on Feb. 25. It has been updated with new information.

Sheriff Denita R. Ball announced Feb. 27 that her department would not move forward with implementing the use of facial recognition technology — at this time.

“While we recognize the potential of this software as an investigative tool, we also recognize that trust between the [Milwaukee County Sheriff’s Office] and the people we serve is important,” said Ball in a statement issued Friday.

She said her discussions with advocates highlighted valid concerns about the use of the technology to obtain data given the current national climate.

Ball did leave the door open for its use in the future.

“This decision is not a retreat from innovation but rather an understanding that timing matters, too,” she said.

Sheriff Denita R. Ball speaks with a protestor outside of an event in downtown Milwaukee in 2023. (NNS file photo)

Her decision came on the heels a federal lawsuit filed Feb. 23 by the legal nonprofit group Protect Democracy which alleges the Department of Homeland Security used facial recognition technology unlawfully to track legal observers and label them domestic terrorists.

Local law enforcement representatives have been addressing facial recognition technology-related fears from residents. Residents and others were concerned about a potential collaboration with a company called Biometrica, which provides access to facial recognition search results.

In August, Ball signed an “agreement of intent” to enter into a contract with Biometrica, said James Burnett, director of public affairs and community engagement and acting chief of staff at the Milwaukee County Sheriff’s Office.

“But the contract is still considered to be in draft form – not fully signed, executed or valid – and has to proceed, like any other proposed contract, through the county’s statutory signing process,” said Burnett prior to Friday’s announcement.

Milwaukee Police Chief Jeffrey Norman banned the use of facial technology by his department in early February.

On Feb. 24, Norman announced the suspension of MPD officer Josue Ayala for the improper use of a different tracking tool, the Flock camera system, to track a dating partner and their former partner.

“I am extremely disappointed to learn about the incident and expect all members, sworn and civilian, to demonstrate the highest ethical standards in the performance of their duties,” said Norman in a statement.

Ayala was charged by the Milwaukee County District Attorney’s Office with one count of attempted misconduct in public office. Norman said he immediately directed MPD to create additional auditing mechanisms.

Concerns remain high

Social justice and civil rights advocates have expressed grave concerns about the use of facial recognition technology, citing evidence of inaccuracies, racial bias and privacy violations.

Facial recognition technology uses artificial intelligence to identify someone by comparing a photo of an unknown face to some database of images of known faces, said Katie Kinsey at the Feb. 5 Milwaukee Fire and Police Commission meeting during a presentation by the NYU Policing Project.

The image databases can include mug shot collections, driver’s license records or images found on the internet, Kinsey said.

Emilio De Torre, executive director of the Milwaukee Turners, a nonpartisan civic group, said he’s cautiously optimistic about the Sheriff’s Office and MPD opting not to use the technology.

He said other surveillance techniques that are being used in Milwaukee, such as Flock, unfairly project guilt on residents.

“The nonstop surveillance on residents is toxic and needs to stop,” De Torre said.

He also questions whether new auditing measures Norman said would be implemented after the incident involving Ayala, will work.

“The victims found out about the surveillance on their own,” De Torre said. “That further erodes any confidence that any safeguards will protect us.”

Facial recognition technology and local law enforcement

In spring, MPD acknowledged it used outside agencies’ licenses for facial recognition search results for two to three years without a written department policy.

The department also announced it was considering an agreement with Biometrica – an agreement that would have provided access to facial recognition technology to the department in exchange for approximately 2.5 million Milwaukee County Jail booking photos.

This proposal prompted months of public pushback before the announcement by Norman in February that the department would no longer pursue the technology.

An MPD spokesperson recently told NNS the department could revisit the issue in the future when a policy is in place that aligns with both public safety benefit and public concerns.

The American Civil Liberties Union of Wisconsin is urging Milwaukee residents to remain vigilant.

“Countless Milwaukee residents and community leaders have engaged in thoughtful community education, spent hours upon hours in public meetings and contacted their local elected officials to voice their unequivocal opposition to the use of (facial recognition technology), and they will still be watching,” the spokesperson said.

Jonathan Aguilar is a visual journalist at Milwaukee Neighborhood News Service who is supported through a partnership between CatchLight Local and Report for America.

Originally published by Milwaukee Neighborhood News Service.

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Update: Milwaukee County Sheriff’s Office decides against using facial recognition technology

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Update: Milwaukee County Sheriff’s Office decides against using facial recognition technology