Montana Code 44-15-108. Use of facial recognition technology by state and local government agencies — when permitted — restrictions on use — exemption
44-15-108. Use of facial recognition technology by state and local government agencies — when permitted — restrictions on use — exemption. (1) A state or local government agency may use, or contract with a third-party vendor for the use of, facial verification if the state or local government agency first provides a written use and privacy policy regarding facial recognition technology. The written policy must include, at a minimum:
Terms Used In Montana Code 44-15-108
- Contract: A legal written agreement that becomes binding when signed.
- 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. See Montana Code 44-15-103
- 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
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- 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
(a)the specific purpose for facial verification by the state or local government agency;
(b)the length of term for which facial biometric data is being collected or stored; and
(c)notice that facial biometric data may not be collected on an individual without prior written consent by the individual.
(2)The state or local government agency must include an option for access to services without the use of facial verification.
(3)A third-party vendor who is contracted with a state or local government agency shall provide a copy of its written policies in accordance with 44-15-109 for use with the notice requirement outlined in subsection (1).
(4)A state or local government agency shall report the use of facial recognition technology pursuant to subsection (1) to the information technology board created in 2-15-1021.
(5)This part does not apply to a state or local government agency that uses facial verification in association with a federal agency to verify the identity of individuals presenting themselves for travel at an airport or other port.