by Karen Gullo, Activist Post:

In a victory for transparency in police use of facial recognition, a New Jersey appellate court today ruled that state prosecutors—who charged a man for armed robbery after the technology showed he was a “possible match” for the suspect—must turn over to the defendant detailed information about the face scanning software used, including how it works, source code, and its error rate.

Calling facial recognition “a novel and untested technology,” the court in State of New Jersey v. Francisco Arteaga held that the defendant would be deprived of due process rights unless he could access the raw materials police used to identify him and test its reliability to build a defense. The inner workings of the facial recognition software is vital to impeach witnesses’ identification of him, challenge the state’s investigation, and create reasonable doubt, the court said.