WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
(1) "face surveillanceface surveillance"face surveillance" means an automated or semiautomated process that assists in identifying an individual or capturing information about an individual, based on the physical characteristics of an individual's face;Minn. Stat. § 626.191, subd. 1(1)" means an automated or semiautomated process that assists in identifying an individual or capturing information about an individual, based on the physical characteristics of an individual's face;
(2) "face surveillance systemface surveillance system"face surveillance system" means any computer software or application that performs face surveillance;Minn. Stat. § 626.191, subd. 1(2)" means any computer software or application that performs face surveillanceface surveillance"face surveillance" means an automated or semiautomated process that assists in identifying an individual or capturing information about an individual, based on the physical characteristics of an individual's face;Minn. Stat. § 626.191, subd. 1(1);
(3) "government entityGovernment entity"government entity" means any state or local unit of government or law enforcement agency;Minn. Stat. § 626.191, subd. 1(3)" means any state or local unit of government or law enforcement agency; and
(4) "government officialGovernment official"government official" means any person acting on behalf of a government entity.Minn. Stat. § 626.191, subd. 1(4)" means any person acting on behalf of a government entityGovernment entity"government entity" means any state or local unit of government or law enforcement agency;Minn. Stat. § 626.191, subd. 1(3).
Subdivision 1 establishes the four defined terms used throughout the section. Face surveillance is defined broadly to cover any automated or semiautomated process that identifies individuals or captures information based on facial characteristics — a definition that encompasses not only real-time identification but also retroactive facial analysis. Face surveillance system covers any software or application performing that function. The covered parties — government entity and government official — together capture both the institutional and individual dimensions of government actors, including law enforcement.
(1) 1 obtain, retain, access, or use any face surveillance systemface surveillance system"face surveillance system" means any computer software or application that performs face surveillance;Minn. Stat. § 626.191, subd. 1(2) or any information obtained from a face surveillance systemface surveillance system"face surveillance system" means any computer software or application that performs face surveillance;Minn. Stat. § 626.191, subd. 1(2); or
(2) 1 enter into an agreement or arrangement with a private entity to obtain, retain, access, or use any face surveillance systemface surveillance system"face surveillance system" means any computer software or application that performs face surveillance;Minn. Stat. § 626.191, subd. 1(2) or any information obtained from a face surveillance systemface surveillance system"face surveillance system" means any computer software or application that performs face surveillance;Minn. Stat. § 626.191, subd. 1(2).
Subdivision 2 imposes a categorical prohibition on government entities and government officials from obtaining, retaining, accessing, or using any face surveillance system or information derived from one. The ban extends to indirect acquisition through agreements or arrangements with private entities, closing the workaround of outsourcing facial recognition to private contractors. There are no exceptions — no law enforcement carve-out, no judicial authorization pathway, and no emergency exception. This is one of the broadest government face surveillance bans proposed at the state level.
(a) 2 No data collected or derived from any use of face surveillanceface surveillance"face surveillance" means an automated or semiautomated process that assists in identifying an individual or capturing information about an individual, based on the physical characteristics of an individual's face;Minn. Stat. § 626.191, subd. 1(1) in violation of this section and no evidence derived from its use may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority subject to state law. Face surveillanceface surveillance"face surveillance" means an automated or semiautomated process that assists in identifying an individual or capturing information about an individual, based on the physical characteristics of an individual's face;Minn. Stat. § 626.191, subd. 1(1) data collected or derived in violation of this section is considered unlawfully obtained, and must be deleted upon discovery.
(b) A violation of this section constitutes an injury and a person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction. An action instituted under this paragraph may be brought against the respective government entityGovernment entity"government entity" means any state or local unit of government or law enforcement agency;Minn. Stat. § 626.191, subd. 1(3), and, if necessary to effectuate compliance with this section, any other government entityGovernment entity"government entity" means any state or local unit of government or law enforcement agency;Minn. Stat. § 626.191, subd. 1(3) with possession, custody, or control of data subject to this section.
(c) A person who has been subjected to face recognition in violation of this section, or about whom information has been obtained, retained, accessed, or used in violation of this section, may institute proceedings in any court of competent jurisdiction against the government entityGovernment entity"government entity" means any state or local unit of government or law enforcement agency;Minn. Stat. § 626.191, subd. 1(3) and shall be entitled to recover actual damages, but not less than liquidated damages of $1,000 or $100 for each violation, whichever is greater.
(d) A court shall award costs and reasonable attorney fees to a plaintiff who is the prevailing party in an action brought under paragraph (b) or (c).
(e) Violations of this section by a government officialGovernment official"government official" means any person acting on behalf of a government entity.Minn. Stat. § 626.191, subd. 1(4) may be addressed through retraining, suspension, or termination, subject to due process requirements.
Subdivision 3 establishes a multi-layered enforcement regime. Paragraph (a) creates an exclusionary rule: data collected or derived from face surveillance in violation of the section is inadmissible in any proceeding and must be deleted upon discovery. Paragraphs (b) and (c) create a private right of action — (b) for equitable relief (injunctive, declaratory, or writ of mandate) and (c) for damages, with a floor of $1,000 or $100 per violation, whichever is greater. Paragraph (d) mandates costs and reasonable attorney fees for prevailing plaintiffs. Paragraph (e) provides that individual government officials may face employment consequences including retraining, suspension, or termination.