WHAT THIS BILL REGULATES · 6 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)–(e) For the purposes of sections 626A.50 to 626A.53, the terms in this section have the meanings given them. (b) "AgencyAgency"Agency" means all departments, offices, and boards in the executive branch of state government and all law enforcement agencies.Minn. Stat. § 626A.50(b)" means all departments, offices, and boards in the executive branch of state government and all law enforcement agencies. (c) "Covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c)" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter. (d) "Facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d)" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images. (e) "Ongoing surveillanceOngoing surveillance"Ongoing surveillance" means the use of facial recognition technology to engage in a sustained effort to track the physical movements of an identified individual through one or more public places where the movements occur over a period of time greater than 72 hours, whether in real time or through application of the technology to historical records. Ongoing surveillance does not include instances where facial recognition technology is used for a single identification or attempted identification of an individual, if no subsequent attempt is made to track that individual's movement in real time or through the use of historical records after the individual has been identified.Minn. Stat. § 626A.50(e)" means the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) to engage in a sustained effort to track the physical movements of an identified individual through one or more public places where the movements occur over a period of time greater than 72 hours, whether in real time or through application of the technology to historical records. Ongoing surveillanceOngoing surveillance"Ongoing surveillance" means the use of facial recognition technology to engage in a sustained effort to track the physical movements of an identified individual through one or more public places where the movements occur over a period of time greater than 72 hours, whether in real time or through application of the technology to historical records. Ongoing surveillance does not include instances where facial recognition technology is used for a single identification or attempted identification of an individual, if no subsequent attempt is made to track that individual's movement in real time or through the use of historical records after the individual has been identified.Minn. Stat. § 626A.50(e) does not include instances where facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) is used for a single identification or attempted identification of an individual, if no subsequent attempt is made to track that individual's movement in real time or through the use of historical records after the individual has been identified.
This section establishes the four key defined terms that govern the scope of the act. Agency is defined broadly to include all executive branch departments and all law enforcement agencies. Facial recognition technology covers any technology that analyzes facial features for unique personal identification in still or video images. The critical scope limiter is ongoing surveillance, which requires tracking movements for more than 72 hours — single identifications without subsequent tracking are carved out.
Subd. 1(a) 1 Subject to paragraph (b), an officer or employee of an agencyAgency"Agency" means all departments, offices, and boards in the executive branch of state government and all law enforcement agencies.Minn. Stat. § 626A.50(b) may not use facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) to engage in ongoing surveillance of an individual or group of individuals in a public space unless: (1) the use of the facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) is in support of a law enforcement activity; and (2) a covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) has been obtained to allow the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) for ongoing surveillance of the individual or group of individuals; or (3) an investigative or law enforcement officer: (i) reasonably determines that exigent circumstances and compelling law enforcement needs make it impractical to obtain a covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c); (ii) reasonably determines that there are grounds for which a covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) could be obtained under clause (2); and (iii) causes an application for a covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) to be made according to clause (2) not later than 48 hours after the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) to engage in ongoing surveillanceOngoing surveillance"Ongoing surveillance" means the use of facial recognition technology to engage in a sustained effort to track the physical movements of an identified individual through one or more public places where the movements occur over a period of time greater than 72 hours, whether in real time or through application of the technology to historical records. Ongoing surveillance does not include instances where facial recognition technology is used for a single identification or attempted identification of an individual, if no subsequent attempt is made to track that individual's movement in real time or through the use of historical records after the individual has been identified.Minn. Stat. § 626A.50(e).
Subd. 1(b) 1 If an application for a covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) made under paragraph (a), clause (3), is denied, the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) shall terminate at the time of the denial.
Subd. 2(a)–(c) 1 Subject to paragraph (b), a covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) may only authorize ongoing surveillanceOngoing surveillance"Ongoing surveillance" means the use of facial recognition technology to engage in a sustained effort to track the physical movements of an identified individual through one or more public places where the movements occur over a period of time greater than 72 hours, whether in real time or through application of the technology to historical records. Ongoing surveillance does not include instances where facial recognition technology is used for a single identification or attempted identification of an individual, if no subsequent attempt is made to track that individual's movement in real time or through the use of historical records after the individual has been identified.Minn. Stat. § 626A.50(e) until the date on which the objective of the order is satisfied, except that the order may not authorize ongoing surveillanceOngoing surveillance"Ongoing surveillance" means the use of facial recognition technology to engage in a sustained effort to track the physical movements of an identified individual through one or more public places where the movements occur over a period of time greater than 72 hours, whether in real time or through application of the technology to historical records. Ongoing surveillance does not include instances where facial recognition technology is used for a single identification or attempted identification of an individual, if no subsequent attempt is made to track that individual's movement in real time or through the use of historical records after the individual has been identified.Minn. Stat. § 626A.50(e) for more than 30 days. (b) The 30-day period under paragraph (a) shall begin on the earlier of: (1) the date on which the agencyAgency"Agency" means all departments, offices, and boards in the executive branch of state government and all law enforcement agencies.Minn. Stat. § 626A.50(b) begins to use facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d); or (2) ten days after the date the court order is issued. (c) A court may grant an extension of the 30-day period under paragraph (a) if the extension meets the requirements of subdivision 1, paragraph (a), clause (2), and the extension is no longer than 30 days.
Subd. 3 2 Any use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) under a covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) shall be conducted in a way to minimize the acquisition, retention, and dissemination of information about the individuals other than those for whom there was probable cause to seek the covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) obtained under subdivision 1, paragraph (a), clause (2).
Subd. 4(a)–(f) Except as provided in paragraph (b), an aggrieved individual who has been the subject of ongoing surveillanceOngoing surveillance"Ongoing surveillance" means the use of facial recognition technology to engage in a sustained effort to track the physical movements of an identified individual through one or more public places where the movements occur over a period of time greater than 72 hours, whether in real time or through application of the technology to historical records. Ongoing surveillance does not include instances where facial recognition technology is used for a single identification or attempted identification of an individual, if no subsequent attempt is made to track that individual's movement in real time or through the use of historical records after the individual has been identified.Minn. Stat. § 626A.50(e) using facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d), in a trial, hearing, or proceeding in or before a court, department, officer, agencyAgency"Agency" means all departments, offices, and boards in the executive branch of state government and all law enforcement agencies.Minn. Stat. § 626A.50(b), regulatory body, or other authority of the state or a political subdivision of the state may move to suppress information directly obtained through the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) or evidence derived from it in violation of this section, on the grounds that: (1) the information was unlawfully obtained; (2) the order of authorization or approval under which the information was obtained is not prima facie evidence; or (3) the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) was not used in conformity with the order of authorization or approval. (b) Evidence obtained through the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) in violation of this section shall not be suppressed under paragraph (a) if the evidence was acquired by an officer or employee of an agencyAgency"Agency" means all departments, offices, and boards in the executive branch of state government and all law enforcement agencies.Minn. Stat. § 626A.50(b) with an objectively reasonable belief that the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) was in compliance with this section. (c) A motion described under paragraph (a) shall be made before the trial, hearing, or proceeding unless there was no opportunity to make the motion or the individual was not aware of the grounds of the motion. If the motion is granted, the information directly obtained through the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) or evidence derived from it shall be treated as having been obtained in violation of this section. (d) The judge, upon the filing of a motion under this subdivision by the aggrieved individual, may in the judge's discretion make available to the aggrieved individual or counsel of the aggrieved individual for inspection the portions of the information or evidence that the judge determines to be in the interests of justice. (e) In addition to any other right to appeal, the prosecutor shall have the right to appeal from an order granting a motion to suppress made under this subdivision, or the denial of an application for an order of approval, if the prosecutor certifies to the judge or other official granting the motion or denying the application that the appeal is not taken for purposes of delay. The appeal shall be taken within 30 days after the date the order was entered and shall be diligently prosecuted. (f) The remedies and sanctions described in this subdivision with respect to the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) are the only judicial remedies and sanctions for nonconstitutional violations of this section involving that technology.
This section imposes the bill's core restriction: agencies may not use facial recognition technology for ongoing surveillance in public spaces unless they obtain a covered court order or qualify for the narrow exigent-circumstances exception, which requires a follow-up court order application within 48 hours. The warrant requirement is the foundational obligation — all other provisions in the bill (reporting, human review, testing) assume this gatekeeping mechanism is in place.
Surveillance orders are capped at 30 days, beginning on the earlier of actual use or ten days after issuance, with renewable 30-day extensions. A minimization requirement mandates that agencies limit data acquisition, retention, and dissemination about non-target individuals. The motion-to-suppress remedy provides the enforcement backstop, subject to a good-faith exception for officers with an objectively reasonable belief of compliance.
Subd. 1 3 Not later than 30 days after issuance of a covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) under section 626A.51, subdivision 1, paragraph (a), clause (2); an extension under section 626A.51, subdivision 2, paragraph (c); or the denial of the warrant or extension, the issuing or denying judge shall report to the supreme court: (1) that a warrant or extension was applied for; (2) that the warrant or extension was granted without modification, was modified and granted, or was denied; (3) the period of time for which the warrant approves the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d), and the number and duration of any extensions; and (4) the offense specified in the warrant or application.
Subd. 2 4 Beginning one year after the effective date of this section, and not later than September 30 of each year thereafter, the supreme court shall submit to the house of representatives and senate committees with jurisdiction over the judiciary and make available to the public a full and complete report summarizing the data required to be filed with the supreme court under subdivision 1, including at a minimum: (1) the number of applications for covered court ordersCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) and extensions authorizing delayed notice; (2) the number of covered court ordersCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) and extensions granted or denied during the preceding fiscal year; (3) for each covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) or extension granted: (i) the period of time for which the warrant approves the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d), and the number and duration of any extensions; (ii) the offense specified in the covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) or application, or extension of an order; (iii) the identity of the applying investigative or law enforcement officer and agencyAgency"Agency" means all departments, offices, and boards in the executive branch of state government and all law enforcement agencies.Minn. Stat. § 626A.50(b) making the application and the person authorizing the application; and (iv) the nature of the facilities or cameras from which the data analyzed by facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) came from; (4) a general description of the identifications made under a covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) or extension, including at a minimum: (i) the approximate nature and frequency of use of the facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d); (ii) the approximate number of persons who were subjected to analysis using the facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d); and (iii) the approximate nature, amount, and cost of the manpower and other resources when using facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d); and (5) the number of misidentifications, including an arrest of an individual that does not result in charges being entered against the individual, made based upon information directly obtained through the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d), or evidence derived from it.
Subd. 3 The supreme court may issue guidelines regarding the content and form of the reports required to be filed under subdivision 1.
This section establishes a two-tier reporting framework for government use of facial recognition technology. Judges must report each covered court order — including grants, denials, modifications, and extensions — to the Minnesota Supreme Court within 30 days. The Supreme Court must then compile and publish an annual public report summarizing all facial recognition surveillance activity, including the number of applications, orders granted and denied, details about each order, and critically, the number of misidentifications (including arrests not resulting in charges).
The misidentification reporting requirement is notable — it creates a public accountability metric that could surface racial bias in facial recognition deployments without requiring agencies to disclose individual case details.
Subd. 1 5 An agencyAgency"Agency" means all departments, offices, and boards in the executive branch of state government and all law enforcement agencies.Minn. Stat. § 626A.50(b) shall require a trained officer to examine the output or recommendation of a facial recognition system before the agencyAgency"Agency" means all departments, offices, and boards in the executive branch of state government and all law enforcement agencies.Minn. Stat. § 626A.50(b) investigates or otherwise interacts with an individual identified by the system in connection with a covered court orderCovered court order"Covered court order" means a court order obtained according to Minnesota Rules of Criminal Procedure rules 36 and 37 and in connection with the investigation of an offense for which an order could be sought under this chapter.Minn. Stat. § 626A.50(c) issued under section 626A.51, subdivision 1, paragraph (a), clause (2), or in connection with an emergency under section 626A.51, subdivision 1, paragraph (a), clause (3).
Subd. 2 6 The head of each agencyAgency"Agency" means all departments, offices, and boards in the executive branch of state government and all law enforcement agencies.Minn. Stat. § 626A.50(b), in consultation with the director of the National Institute of Standards and Technology, shall establish testing procedures regarding facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that analyzes facial features and is used for the unique personal identification of individuals in still or video images.Minn. Stat. § 626A.50(d) systems used by the agencyAgency"Agency" means all departments, offices, and boards in the executive branch of state government and all law enforcement agencies.Minn. Stat. § 626A.50(b), including a process to: (1) periodically undertake independent tests of the performance of the system in typical operational conditions; (2) identify relative performance across different subpopulations, including error rates when the system is tested across subpopulations, alone and in combination with different skin tones, ages, and genders; and (3) review the tests and take action to improve the accuracy of the system across subpopulations upon a finding indicating there are disparate error rates when the system is tested across subpopulations.
This section imposes two distinct obligations on agencies. First, a mandatory human review requirement: a trained officer must examine every facial recognition output before the agency investigates or interacts with the identified individual. This is a hard pre-action gate — the agency may not act on a facial recognition match without human verification.
Second, each agency head must establish testing procedures in consultation with NIST that periodically evaluate system performance in operational conditions, specifically measuring error rates across subpopulations defined by skin tone, age, and gender. Agencies must act to improve accuracy when disparate error rates are identified. This testing requirement is notable for its explicit focus on demographic bias in facial recognition systems.