MT SB397: Generally revise laws related to privacy and facial recognition technology

In one paragraph

Montana's SB 397 (Chapter 781 of 2023), the Facial Recognition for Government Use Act, bars state and local agencies, law enforcement, public employees and officials from using continuous facial surveillance and, with exceptions, from obtaining or using facial recognition technology or contracting vendors for it. The Department of Justice and local police may use it in criminal investigations under restrictions, including a warrant requirement, must tell defendants before trial, and must report use annually. Agencies may use facial verification only under a written use and privacy policy, with notice, vendor retention limits and human review training. People harmed may sue.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Facial recognition vendors and Montana agencies face a near-ban on government face surveillance, with warrant, disclosure and audit rules for police use.

Key provisions

1. 1MCA 44-15-104: no state or local agency, law enforcement agency, public employee or official may obtain, retain, access, contract for or use continuous facial surveillance
2. 244-15-105: facial recognition technology may not be obtained, used or contracted for, and continuous surveillance cameras may not be installed on public buildings or roads, except as allowed
3. 344-15-106: the Department of Justice and local law enforcement may use facial recognition in criminal investigations, subject to restrictions including a warrant requirement
4. 444-15-107: use must be disclosed to criminal defendants before trial; data obtained in violation is deleted and inadmissible
5. 544-15-108 to -110: agencies may use facial verification only with a written use and privacy policy, notice to individuals, vendor retention limits and meaningful human review training
6. 644-15-111 to -112: audits and annual law enforcement reports; injunctive and declaratory relief, private actions and employee discipline for violations

Latest legislative action

Jun 29, 2023. Signed by Governor; Chapter 781

Sponsors

Roll call votes (showing 3 of 8)