WHAT THIS BILL REGULATES · 7 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.
[Sections 1 through 12] may be cited as the "Facial Recognition for Government Use Act".
This section establishes the short title of the Act as the "Facial Recognition for Government Use Act." It creates no compliance obligations.
(1) Except as provided in subsection (2), the purpose of [sections 1 through 12] is to prohibit the use of facial recognition technology for continuous facial surveillanceContinuous facial surveillance"Continuous facial surveillance" means the monitoring of public places or third-party image sets using facial recognition technology for facial identification to match faces with a prepopulated list of face images. The term includes but is not limited to scanning stored video footage to identify faces in the stored data, real-time scanning of video surveillance to identify faces passing by the cameras, and passively monitoring video footage using facial recognition technology for general surveillance purposes without a particularized suspicion of a specific target.Section 3(3) or facial identificationFacial identification"Facial identification" means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare the facial biometric data of an unknown individual derived from a photograph, video, or image to a database of photographs or images and associated facial biometric data in order to identify potential matches. The term does not include: (i) a system used specifically to protect against unauthorized access to a particular location or an electronic device; or (ii) a system a consumer uses for the consumer's private purposes.Section 3(7) by state and local government agencies and law enforcement agencies.
(2) It is the intent of the legislature to provide state and local government agencies the guidelines to use, or contract with third parties to use on their behalf, facial verificationFacial verification"Facial verification" means the automated process of comparing an image or facial biometric data of a known individual to an image database, or to government documentation containing an image of the known individual, to identify a potential match in pursuit of the individual's identity.Section 3(9) and to provide law enforcement agencies the ability to use facial recognition technology for investigations of serious crimesSerious crime"Serious crime" means: (a) a crime under the laws of this state that is a violation of 45-5-102, 45-5-103, 45-5-104, 45-5-106, 45-5-202, 45-5-207, 45-5-210, 45-5-212, 45-5-213, 45-5-220, 45-5-302, 45-5-303, 45-5-401, 45-5-503, 45-5-504(3), 45-5-508, 45-5-602, 45-5-603, 45-5-622, 45-5-625, 45-5-627, 45-5-628, 45-5-702, 45-5-703, 45-5-704, or 45-5-705; or (b) a crime under the laws of another jurisdiction that is substantially similar to a crime under subsection (17)(a).Section 3(17).
This section states the legislative purpose: to prohibit the use of facial recognition technology for continuous facial surveillance or facial identification by state and local government agencies and law enforcement agencies, while providing guidelines for facial verification by non-law-enforcement government agencies and allowing law enforcement to use facial recognition for serious crime investigations. This is a findings/purpose section and creates no independent compliance obligation.
(1)–(19) As used in [sections 1 through 12], unless the context clearly indicates otherwise, the following definitions apply: (1) "Affirmative authorizationAffirmative authorization"Affirmative authorization" means an action that demonstrates the intentional decision by an individual to opt into the retention of the individual's facial biometric data by a third-party vendor.Section 3(1)" means an action that demonstrates the intentional decision by an individual to opt into the retention of the individual's facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) by a third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19). (2) "Another jurisdictionAnother jurisdiction"Another jurisdiction" means the federal government, the United States military, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, a federally recognized Indian tribe, or a state other than Montana.Section 3(2)" means the federal government, the United States military, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, a federally recognized Indian tribe, or a state other than Montana. (3) "Continuous facial surveillanceContinuous facial surveillance"Continuous facial surveillance" means the monitoring of public places or third-party image sets using facial recognition technology for facial identification to match faces with a prepopulated list of face images. The term includes but is not limited to scanning stored video footage to identify faces in the stored data, real-time scanning of video surveillance to identify faces passing by the cameras, and passively monitoring video footage using facial recognition technology for general surveillance purposes without a particularized suspicion of a specific target.Section 3(3)" means the monitoring of public places or third-party image sets using facial recognition technology for facial identificationFacial identification"Facial identification" means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare the facial biometric data of an unknown individual derived from a photograph, video, or image to a database of photographs or images and associated facial biometric data in order to identify potential matches. The term does not include: (i) a system used specifically to protect against unauthorized access to a particular location or an electronic device; or (ii) a system a consumer uses for the consumer's private purposes.Section 3(7) to match faces with a prepopulated list of face images. The term includes but is not limited to scanning stored video footage to identify faces in the stored data, real-time scanning of video surveillance to identify faces passing by the cameras, and passively monitoring video footage using facial recognition technology for general surveillance purposes without a particularized suspicion of a specific target. (4) "DepartmentDepartment"Department" means the department of justice.Section 3(4)" means the department of justice. (5) "Digital driver's licenseDigital driver's license"Digital driver's license" means a secure version of an individual's physical driver's license or identification card that is stored on the individual's mobile device.Section 3(5)" means a secure version of an individual's physical driver's license or identification card that is stored on the individual's mobile device. (6) "Facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6)" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image. (7) (a) "Facial identificationFacial identification"Facial identification" means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare the facial biometric data of an unknown individual derived from a photograph, video, or image to a database of photographs or images and associated facial biometric data in order to identify potential matches. The term does not include: (i) a system used specifically to protect against unauthorized access to a particular location or an electronic device; or (ii) a system a consumer uses for the consumer's private purposes.Section 3(7)" means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare the facial biometric data of an unknown individual derived from a photograph, video, or image to a database of photographs or images and associated facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) in order to identify potential matches. (b) The term does not include: (i) a system used specifically to protect against unauthorized access to a particular location or an electronic device; or (ii) a system a consumer uses for the consumer's private purposes. (8) "Facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8)" or "facial recognition technology" means the use of facial identificationFacial identification"Facial identification" means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare the facial biometric data of an unknown individual derived from a photograph, video, or image to a database of photographs or images and associated facial biometric data in order to identify potential matches. The term does not include: (i) a system used specifically to protect against unauthorized access to a particular location or an electronic device; or (ii) a system a consumer uses for the consumer's private purposes.Section 3(7) or facial verificationFacial verification"Facial verification" means the automated process of comparing an image or facial biometric data of a known individual to an image database, or to government documentation containing an image of the known individual, to identify a potential match in pursuit of the individual's identity.Section 3(9). (9) "Facial verificationFacial verification"Facial verification" means the automated process of comparing an image or facial biometric data of a known individual to an image database, or to government documentation containing an image of the known individual, to identify a potential match in pursuit of the individual's identity.Section 3(9)" means the automated process of comparing an image or facial biometric data of a known individual to an image database, or to government documentation containing an image of the known individual, to identify a potential match in pursuit of the individual's identity. (10) "Law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10)" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest. (11) "Motor vehicle division" means the division within the department of justice authorized to issue driver's licenses. (12) "Personal informationPersonal information"Personal information" has the same meaning as in 30-14-1704.Section 3(12)" has the same meaning as in 30-14-1704. (13) "Public buildingPublic building"Public building" means any building that the state or any political subdivision of the state maintains for the use of the public.Section 3(13)" means any building that the state or any political subdivision of the state maintains for the use of the public. (14) "Public employeePublic employee"Public employee" means a person employed by a state or local government agency, including but not limited to a peace officer.Section 3(14)" means a person employed by a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18), including but not limited to a peace officer. (15) "Public officialPublic official"Public official" means a person elected or appointed to a public office that is part of a state or local government agency.Section 3(15)" means a person elected or appointed to a public office that is part of a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18). (16) "Public roads and highways of this state" has the same meaning as in 15-70-401. (17) "Serious crimeSerious crime"Serious crime" means: (a) a crime under the laws of this state that is a violation of 45-5-102, 45-5-103, 45-5-104, 45-5-106, 45-5-202, 45-5-207, 45-5-210, 45-5-212, 45-5-213, 45-5-220, 45-5-302, 45-5-303, 45-5-401, 45-5-503, 45-5-504(3), 45-5-508, 45-5-602, 45-5-603, 45-5-622, 45-5-625, 45-5-627, 45-5-628, 45-5-702, 45-5-703, 45-5-704, or 45-5-705; or (b) a crime under the laws of another jurisdiction that is substantially similar to a crime under subsection (17)(a).Section 3(17)" means: (a) a crime under the laws of this state that is a violation of 45-5-102, 45-5-103, 45-5-104, 45-5-106, 45-5-202, 45-5-207, 45-5-210, 45-5-212, 45-5-213, 45-5-220, 45-5-302, 45-5-303, 45-5-401, 45-5-503, 45-5-504(3), 45-5-508, 45-5-602, 45-5-603, 45-5-622, 45-5-625, 45-5-627, 45-5-628, 45-5-702, 45-5-703, 45-5-704, or 45-5-705; or (b) a crime under the laws of another jurisdictionAnother jurisdiction"Another jurisdiction" means the federal government, the United States military, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, a federally recognized Indian tribe, or a state other than Montana.Section 3(2) that is substantially similar to a crime under subsection (17)(a). (18) "State or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18)" means a state, county, or municipal government, a departmentDepartment"Department" means the department of justice.Section 3(4), agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10). (19) "VendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19)" has the same meaning as in 18-4-123.
This section provides the defined terms used throughout the Act. Key definitions include continuous facial surveillance (monitoring public places or third-party image sets using facial recognition for facial identification to match faces against a prepopulated list), facial identification (algorithmic comparison of unknown-individual facial biometric data to a database), facial verification (comparing a known individual's image to a database), and serious crime (an enumerated list of violent and sexual offenses). The definition section distinguishes between state or local government agencies (which excludes school districts and law enforcement) and law enforcement agencies, which are treated under separate obligation frameworks.
(1) 1 A state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18), law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10), public employeePublic employee"Public employee" means a person employed by a state or local government agency, including but not limited to a peace officer.Section 3(14), or public officialPublic official"Public official" means a person elected or appointed to a public office that is part of a state or local government agency.Section 3(15) may not obtain, retain, possess, access, request, contract for, or use continuous facial surveillanceContinuous facial surveillance"Continuous facial surveillance" means the monitoring of public places or third-party image sets using facial recognition technology for facial identification to match faces with a prepopulated list of face images. The term includes but is not limited to scanning stored video footage to identify faces in the stored data, real-time scanning of video surveillance to identify faces passing by the cameras, and passively monitoring video footage using facial recognition technology for general surveillance purposes without a particularized suspicion of a specific target.Section 3(3).
(2) 1 The use of facial recognition technology for facial verificationFacial verification"Facial verification" means the automated process of comparing an image or facial biometric data of a known individual to an image database, or to government documentation containing an image of the known individual, to identify a potential match in pursuit of the individual's identity.Section 3(9), including any resulting data, may not be used to aid or assist in any type of continuous facial surveillanceContinuous facial surveillance"Continuous facial surveillance" means the monitoring of public places or third-party image sets using facial recognition technology for facial identification to match faces with a prepopulated list of face images. The term includes but is not limited to scanning stored video footage to identify faces in the stored data, real-time scanning of video surveillance to identify faces passing by the cameras, and passively monitoring video footage using facial recognition technology for general surveillance purposes without a particularized suspicion of a specific target.Section 3(3).
This section imposes a categorical prohibition on continuous facial surveillance by all government actors — state and local government agencies, law enforcement agencies, public employees, and public officials. No exceptions apply. It further prohibits the use of facial verification data to aid or assist continuous surveillance, closing a potential loophole where agencies might attempt to repurpose verification data for mass-surveillance purposes.
(1)(a)–(c) 2 Except as provided in [sections 6 and 8], a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18), law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10), public employeePublic employee"Public employee" means a person employed by a state or local government agency, including but not limited to a peace officer.Section 3(14), or public officialPublic official"Public official" means a person elected or appointed to a public office that is part of a state or local government agency.Section 3(15) may not: (a) obtain, retain, possess, access, request, or use facial recognition technology or information derived from a search using facial recognition technology; (b) enter into an agreement with a third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) for any purpose listed in subsection (1)(a); or (c) install or equip a continuous facial surveillanceContinuous facial surveillance"Continuous facial surveillance" means the monitoring of public places or third-party image sets using facial recognition technology for facial identification to match faces with a prepopulated list of face images. The term includes but is not limited to scanning stored video footage to identify faces in the stored data, real-time scanning of video surveillance to identify faces passing by the cameras, and passively monitoring video footage using facial recognition technology for general surveillance purposes without a particularized suspicion of a specific target.Section 3(3) monitoring camera on public buildingsPublic building"Public building" means any building that the state or any political subdivision of the state maintains for the use of the public.Section 3(13) or on public roads and highways of this state, except as provided in 46-5-117.
(2) 3 The motor vehicle division may not establish a digital driver's licenseDigital driver's license"Digital driver's license" means a secure version of an individual's physical driver's license or identification card that is stored on the individual's mobile device.Section 3(5) program that utilizes facial recognition technology without the consent of the legislature.
This section is the Act's general prohibition on government use of facial recognition technology, subject to the narrow exemptions in Sections 6 (law enforcement) and 8 (government agency facial verification). It prohibits government agencies, law enforcement, public employees, and public officials from obtaining, retaining, possessing, accessing, requesting, or using facial recognition technology or its derived information, from contracting with third-party vendors for such purposes, and from installing continuous facial surveillance cameras on public buildings or public roads. The motor vehicle division is separately prohibited from establishing a digital driver's license program using facial recognition technology without legislative consent.
(1)–(2) 4 The department of justice and local law enforcement agencies are authorized to use facial recognition technology for criminal investigations. The department of justice or a local law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10) may perform a search using facial recognition technology and may obtain, retain, possess, access, or use the results of a search using facial recognition technology, as provided in subsection (3), for the purpose of: (a) investigating a serious crimeSerious crime"Serious crime" means: (a) a crime under the laws of this state that is a violation of 45-5-102, 45-5-103, 45-5-104, 45-5-106, 45-5-202, 45-5-207, 45-5-210, 45-5-212, 45-5-213, 45-5-220, 45-5-302, 45-5-303, 45-5-401, 45-5-503, 45-5-504(3), 45-5-508, 45-5-602, 45-5-603, 45-5-622, 45-5-625, 45-5-627, 45-5-628, 45-5-702, 45-5-703, 45-5-704, or 45-5-705; or (b) a crime under the laws of another jurisdiction that is substantially similar to a crime under subsection (17)(a).Section 3(17) when there is probable cause to believe that an unidentified individual in an image has committed, is a victim of, or is a witness to a serious crimeSerious crime"Serious crime" means: (a) a crime under the laws of this state that is a violation of 45-5-102, 45-5-103, 45-5-104, 45-5-106, 45-5-202, 45-5-207, 45-5-210, 45-5-212, 45-5-213, 45-5-220, 45-5-302, 45-5-303, 45-5-401, 45-5-503, 45-5-504(3), 45-5-508, 45-5-602, 45-5-603, 45-5-622, 45-5-625, 45-5-627, 45-5-628, 45-5-702, 45-5-703, 45-5-704, or 45-5-705; or (b) a crime under the laws of another jurisdiction that is substantially similar to a crime under subsection (17)(a).Section 3(17); (b) assisting in the location or identification of a missing or endangered person; or (c) assisting in the identification of a person who is deceased or believed to be deceased.
(3)–(5) 4 Except as provided in subsection (5), a law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10) shall obtain a warrant prior to performing a search using facial recognition technology under subsection (2). A law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10) shall obtain a court order authorizing the use of facial recognition technology for the sole purpose of locating or identifying a missing person or identifying a deceased person under subsections (2)(b) and (2)(c). A court may issue an ex parte order under this subsection if a law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10) certifies and the court finds that the information to be obtained is likely relevant to locating or identifying a missing person or identifying a deceased person. (5) (a) A law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10) may perform a search under subsection (2) using facial recognition technology prior to the issuance of a warrant if there is an emergency posing an imminent threat to a person. If an emergency exists under this subsection (5)(a), the law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10) shall obtain a warrant within 24 hours of the search. (b) The use of facial recognition technology must terminate immediately if the application for a warrant under subsection (5)(a) is denied.
(6) 5 A law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10) may not use the results of facial recognition technology as the sole basis to establish probable cause in a criminal investigation. The results of the use of facial recognition technology may be used in conjunction with other information and evidence lawfully obtained by a law enforcement officer to establish probable cause in a criminal investigation.
(7) 4 A law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10) may not use facial recognition technology to identify an individual based on a sketch or other manually produced image.
(8) 4 A law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10) may not substantively manipulate an image for use with facial recognition technology in a manner not consistent with the facial recognition technology provider's intended use and training.
(9) 6 When using facial recognition for identification of an individual, the departmentDepartment"Department" means the department of justice.Section 3(4) or local law enforcement shall employ meaningful human review prior to making an adverse final decision.
This section provides the narrow law enforcement exemption to the general prohibition in Section 5. The Department of Justice and local law enforcement agencies may use facial recognition technology only for three purposes: investigating serious crimes with probable cause, locating missing or endangered persons, and identifying deceased persons. A warrant is required before any search, except in emergencies posing an imminent threat to a person — in which case the warrant must be obtained within 24 hours. The section further restricts law enforcement use: facial recognition results may not serve as the sole basis for probable cause; agencies may not use sketches or manually produced images as inputs; agencies may not substantively manipulate images inconsistent with the technology provider's intended use; and meaningful human review is required before making any adverse final decision based on facial recognition identification.
(1) 7 A law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10) or the departmentDepartment"Department" means the department of justice.Section 3(4) shall disclose the use of facial recognition technology on a criminal defendant to that defendant in a timely manner prior to trial.
(2) Discovery of an application, affidavit, or court order relating to the use of facial recognition and any documents related to the use or request for use of facial recognition technology, if any, are subject to the provisions in Title 46, chapter 15.
(3)(a)–(b) 8 Data derived from the use of facial recognition technology in violation of [sections 1 through 12]: (a) must be considered unlawfully obtained and, except as otherwise provided by law, must be deleted on discovery; and (b) is inadmissible in evidence in a proceeding in or before a public officialPublic official"Public official" means a person elected or appointed to a public office that is part of a state or local government agency.Section 3(15), departmentDepartment"Department" means the department of justice.Section 3(4), regulatory body, court, or authority.
This section imposes disclosure obligations on law enforcement when facial recognition technology has been used in connection with a criminal defendant. The use of facial recognition must be disclosed to the defendant in a timely manner prior to trial, and associated documents are subject to standard criminal discovery rules. Data obtained in violation of the Act must be considered unlawfully obtained, must be deleted on discovery, and is inadmissible in any proceeding.
(1)(a)–(c) 9 A state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) may use, or contract with a third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) for the use of, facial verificationFacial verification"Facial verification" means the automated process of comparing an image or facial biometric data of a known individual to an image database, or to government documentation containing an image of the known individual, to identify a potential match in pursuit of the individual's identity.Section 3(9) if the state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) first provides a written use and privacy policy regarding facial recognition technology. The written policy must include, at a minimum: (a) the specific purpose for facial verificationFacial verification"Facial verification" means the automated process of comparing an image or facial biometric data of a known individual to an image database, or to government documentation containing an image of the known individual, to identify a potential match in pursuit of the individual's identity.Section 3(9) by the state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18); (b) the length of term for which facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) is being collected or stored; and (c) notice that facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) may not be collected on an individual without prior written consent by the individual.
(2) 10 The state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) must include an option for access to services without the use of facial verificationFacial verification"Facial verification" means the automated process of comparing an image or facial biometric data of a known individual to an image database, or to government documentation containing an image of the known individual, to identify a potential match in pursuit of the individual's identity.Section 3(9).
(3) 9 A third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) who is contracted with a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) shall provide a copy of its written policies in accordance with [section 9] for use with the notice requirement outlined in subsection (1).
(4) 11 A state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) shall report the use of facial recognition technology pursuant to subsection (1) to the information technology board created in 2-15-1021.
(5) [Sections 1 through 12] do not apply to a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) that uses facial verificationFacial verification"Facial verification" means the automated process of comparing an image or facial biometric data of a known individual to an image database, or to government documentation containing an image of the known individual, to identify a potential match in pursuit of the individual's identity.Section 3(9) in association with a federal agency to verify the identity of individuals presenting themselves for travel at an airport or other port.
This section provides the narrow conditions under which non-law-enforcement government agencies may use facial verification (but not facial identification). An agency may use, or contract with a third-party vendor for, facial verification only if it first provides a written use and privacy policy describing the specific purpose, retention period, and written-consent requirement. The agency must offer an alternative means of accessing services without facial verification. Third-party vendors must provide their written policies, and the agency must report its facial recognition use to the information technology board. A separate exemption removes federal airport/port travel verification from the Act entirely.
(1) 12 On capturing an image of an individual when the individual interacts with a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18), the state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) shall notify the individual that the individual's image may be used in conjunction with a facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8).
(2)(a)–(c) 13 A third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) contracted with a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) for the provision of a facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8) may not collect, capture, purchase, receive through trade, or otherwise obtain an individual's facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) in the implementation of the service unless it first: (a) informs the individual or the individual's legally authorized representative in writing that facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) is being collected or stored; (b) informs the individual or the individual's legally authorized representative in writing of the specific purpose and length of term for which facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) is being collected, stored, and used; and (c) receives written consent from the individual or the individual's legally authorized representative authorizing the collection, storage, and use of the individual's facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6).
(3) 14 A third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) contracted with a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) for the provision of a facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8) shall provide the state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) with a written privacy policy. The privacy policy must be designed and presented in a way that is easy to read and is understandable to an average consumer and must include the date the policy was last updated. A third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) shall give notice of a privacy policy change to the state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) within a reasonable period.
(4)(a)–(b) 15 Except as provided in subsection (4)(b), a third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) in possession of facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) because of a contract with a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) for the provision of a facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8) shall develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) when the initial purpose for collecting or obtaining the data has been satisfied. Absent a valid warrant or subpoena issued by a court of competent jurisdiction, a third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) in possession of facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) shall comply with its established retention schedule and destruction guidelines. (b) A third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) in possession of facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) because of a contract with a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) for the provision of a facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8) may retain an individual's facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) after the initial purpose for collecting or obtaining the data has been satisfied on the affirmative authorization of the individual. Facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) retained because of affirmative authorizationAffirmative authorization"Affirmative authorization" means an action that demonstrates the intentional decision by an individual to opt into the retention of the individual's facial biometric data by a third-party vendor.Section 3(1) must be permanently destroyed within 1 year of the individual's last interaction with the third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19).
(5)(a)–(b) 16 A third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) in possession of facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) as a result of a contract with a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) for the provision of a facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8) shall develop a written information security policy establishing appropriate administrative, technical, and physical controls to establish and govern the acceptable use of the third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19)'s information technology, including networks, applications, and databases, to protect the confidentiality, integrity, and availability of any facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6). (b) The security policy under subsection (5)(a) must include a provision that the facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) collected under [sections 1 through 12] is stored within the territorial boundaries of the United States.
(6) 17 A third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) in possession of facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) because of a contract with a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) for the provision of a facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8) may not give, sell, lease, or trade an individual's facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) without affirmative authorizationAffirmative authorization"Affirmative authorization" means an action that demonstrates the intentional decision by an individual to opt into the retention of the individual's facial biometric data by a third-party vendor.Section 3(1) from the individual.
(7)(a)–(b) 16 A third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) in possession of facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) because of a contract with a state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) for facial recognition servicesFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8): (a) shall store, transmit, and protect from unauthorized disclosure all facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) collected and processed: (i) using the reasonable standard of care within the third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19)'s industry; and (ii) in a manner that is the same as or more protective than the way the third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) stores, transmits, and protects other personal informationPersonal information"Personal information" has the same meaning as in 30-14-1704.Section 3(12); and (b) may not release facial biometric dataFacial biometric data"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.Section 3(6) to a federal or state agency without a valid warrant or court order issued by a court of competent jurisdiction.
(8) 18 A state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) that uses facial recognition technology without a third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) must develop the same written privacy and retention policies outlined in this section as required by a third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19), and must adhere to the same provisions for retention, destruction, and privacy as provided in this section.
This section imposes detailed obligations on government agencies and their contracted third-party vendors regarding individual notice, consent, privacy policies, data retention and destruction, information security, data-sharing prohibitions, and data protection for facial biometric data. Government agencies must notify individuals when their image may be used with facial recognition. Third-party vendors must inform individuals in writing, obtain written consent before collecting facial biometric data, maintain a public privacy policy, establish a public retention schedule and destruction guidelines, develop an information security policy (including U.S.-based data storage), and refrain from selling or sharing facial biometric data without affirmative authorization. Government agencies using facial recognition without a vendor must adopt equivalent policies.
(1)–(2) 19 A state or local government agencyState or local government agency"State or local government agency" means a state, county, or municipal government, a department, agency, or subdivision of a state, county, or municipal government, or any other entity identified in law as a public instrumentality. The term does not include a school district or law enforcement agency.Section 3(18) using a facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8) without a third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) shall establish a policy that: (1) ensures best quality results by following all guidance provided by the developer of the facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8); and (2) outlines training protocol for all individuals who operate a facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8) or who process personal data obtained from the use of a facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8). The training must include but is not limited to coverage of: (a) the capabilities and limitations of the facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8); (b) procedures to interpret and act on the output of the facial recognition serviceFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8); and (c) to the extent applicable, the meaningful human review requirement for decisions that produce legal effects concerning individuals.
This section requires government agencies that operate facial recognition services in-house (without a third-party vendor) to establish a formal policy ensuring best-quality results by following the developer's guidance and outlining a training protocol for all individuals who operate the service or process personal data derived from it. Required training topics include the capabilities and limitations of the facial recognition service, procedures to interpret and act on output, and the meaningful human review requirement for decisions that produce legal effects concerning individuals.
(1) 20 The criminal intelligence information section shall adopt an audit process to ensure that facial recognition technology is only used for legitimate law enforcement purposes, including audits of uses or requests made by law enforcement agencies.
(2)(a)–(c) 21 By June 30 of each year, a local law enforcement agencyLaw enforcement agency"Law enforcement agency" means: (a) an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and (b) an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest.Section 3(10) that utilized facial recognition technology shall submit a report to the criminal intelligence information section established in 44-5-501 containing all of the following information based on data from the previous calendar year: (a) the number of facial recognition searches run; (b) the offenses that the searches were used to investigate; and (c) the number of arrests and convictions that resulted from the searches.
(3)(a)–(e) 22 By September 1 of each year, in accordance with 5-11-210, the department of justice shall submit a report to the economic affairs interim committee and the law and justice interim committee containing all the following information based on data from the previous calendar year: (a) the information submitted to the department of justice pursuant to subsection (2); (b) the names of the law enforcement agencies and other entities requesting facial recognition servicesFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8); (c) the number of searches run; (d) the offenses that the searches were used to investigate; and (e) the number of arrests and convictions that resulted from the searches.
(4)(a)–(b) 23 By June 30 of each year, a third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) providing facial recognition servicesFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8) to a state agency because of a contract under [section 8] shall submit a report to the state agency containing all the following information based on data from the previous calendar year: (i) the number of warrants, subpoenas, or court orders received requesting facial recognition servicesFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8); and (ii) a summary of an audit completed by the third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19). (b) The state agency receiving the report from the third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) shall submit a copy of the report to the economic affairs interim committee, the law and justice interim committee, and the information technology board created in 2-15-1021, by September 1 of each year, in accordance with 5-11-210.
This section establishes audit and reporting obligations at multiple levels. The criminal intelligence information section must adopt an audit process for legitimate law enforcement use. Local law enforcement agencies must submit annual reports by June 30 to the criminal intelligence information section covering search counts, offenses investigated, and resulting arrests and convictions. The Department of Justice must submit an annual report by September 1 to two legislative interim committees consolidating local law enforcement reports and its own usage data. Third-party vendors contracted with state agencies must submit annual reports to the contracting agency by June 30 covering warrants/subpoenas received and audit summaries, and the state agency must forward these to the legislative committees and the IT board by September 1.
(1)–(6) A violation of [sections 1 through 12] constitutes an injury and a person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in a court of competent jurisdiction to enforce [sections 1 through 12]. (2) A person who has been subjected to facial recognition technology in violation of [sections 1 through 12] or about whom information has been obtained, retained, accessed, or used in violation of [sections 1 through 12] may institute proceedings in a court of competent jurisdiction. (3) A public employeePublic employee"Public employee" means a person employed by a state or local government agency, including but not limited to a peace officer.Section 3(14) or public officialPublic official"Public official" means a person elected or appointed to a public office that is part of a state or local government agency.Section 3(15) who, in the performance of their official duties, violates [sections 1 through 12] may be subject to disciplinary action, including but not limited to retraining, suspension, or termination, subject to the requirements of due process and of an applicable collective bargaining agreement. (4) A prevailing party may recover for each violation: (a) against an entity that negligently violates a provision of [sections 1 through 12], $1,000 or actual damages, whichever is greater; (b) against an entity that intentionally or recklessly violates a provision of [sections 1 through 12], $5,000 or actual damages, whichever is greater; (c) against an entity that negligently violates a provision of [sections 4 or 5], $5,000 or actual damages, whichever is greater; (d) against an entity that intentionally or recklessly violates a provision of [sections 4 or 5], $10,000 or actual damages, whichever is greater; (e) reasonable attorney fees and costs, including expert witness fees and other litigation expenses; and (f) other relief, including an injunction, as the court may consider appropriate. (5) The attorney general may bring an action to enforce [sections 1 through 12]. In an action brought by the attorney general, a violation of [sections 1 through 12] is subject to a civil penalty of $10,000 or actual damages, whichever is greater, for each violation. (6) Nothing in this section limits the rights under state or federal law of a person injured or aggrieved by a violation of this section.
This section establishes the Act's enforcement framework. It creates a private right of action for any person to seek injunctive, declaratory, or mandamus relief, and separately for any person subjected to facial recognition technology in violation of the Act. Public employees and officials who violate the Act face disciplinary action including retraining, suspension, or termination. Statutory damages are tiered by culpability and by which provision was violated: $1,000 per negligent violation, $5,000 per intentional/reckless violation (or per negligent violation of the surveillance/prohibition sections), and $10,000 per intentional/reckless violation of the surveillance/prohibition sections. Attorney fees, expert witness fees, and litigation expenses are recoverable. The attorney general may also bring enforcement actions with a civil penalty of $10,000 or actual damages per violation.
If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Standard severability clause providing that invalid portions of the Act do not affect the remaining valid provisions.
A third-party vendorVendor"Vendor" has the same meaning as in 18-4-123.Section 3(19) who has an enforced contract with the department of corrections, the department of justice, or the department of labor and industry as of [the effective date of this act] shall comply with the provisions of [this act] by January 1, 2024.
This section provides a transition period for third-party vendors with existing contracts with three named state departments, requiring compliance by January 1, 2024.
[Sections 1 through 12] are intended to be codified as a new chapter in Title 44, and the provisions of Title 44 apply to [sections 1 through 12].
Directs codification of sections 1 through 12 as a new chapter in Title 44 of the Montana Code Annotated.
[This act] is effective on passage and approval.
The Act is effective on passage and approval.
[This act] applies retroactively, within the meaning of 1-2-109, to contracts for third-party facial recognition servicesFacial recognition service"Facial recognition service" or "facial recognition technology" means the use of facial identification or facial verification.Section 3(8) signed or renewed by the department of corrections, the department of justice, and the department of labor and industry as of January 1, 2022.
The Act applies retroactively to third-party facial recognition service contracts signed or renewed by the departments of corrections, justice, and labor and industry as of January 1, 2022.