> ... people with the skin color in question signed off on the product.

> ... if you otherwise deploy that model in production without so much as checking to see if your model generalized well to dark-skinned faces, or without attempting to add some post-hoc bias correction, etc

Neither of these would rule out systemic racism in either case, though, since, as you said, the problem is that "the outcome is biased against a certain group of people". Regardless of whether there were BIPOC people signing off or whether you had a perfect training set/etc, the only thing that matters is the outcome.