Montana Code 44-15-104. Prohibition of continuous facial surveillance
44-15-104. Prohibition of continuous facial surveillance. (1) A state or local government agency, law enforcement agency, public employee, or public official may not obtain, retain, possess, access, request, contract for, or use continuous facial surveillance.
Terms Used In Montana Code 44-15-104
- 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. See Montana Code 44-15-103
- Contract: A legal written agreement that becomes binding when signed.
- facial recognition technology: means the use of facial identification or facial verification. See Montana Code 44-15-103
- 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. See Montana Code 44-15-103
- 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. See Montana Code 44-15-103
- Public employee: means a person employed by a state or local government agency, including but not limited to a peace officer. See Montana Code 44-15-103
- Public official: means a person elected or appointed to a public office that is part of a state or local government agency. See Montana Code 44-15-103
- 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. See Montana Code 44-15-103
(2)The use of facial recognition technology for facial verification, including any resulting data, may not be used to aid or assist in any type of continuous facial surveillance.