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.

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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.