Montana Code 44-15-112. Penalty
44-15-112. Penalty. (1) A violation of this part 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 this part.
Terms Used In Montana Code 44-15-112
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- facial recognition technology: means the use of facial identification or facial verification. See Montana Code 44-15-103
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- 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: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A person who has been subjected to facial recognition technology in violation of this part or about whom information has been obtained, retained, accessed, or used in violation of this part may institute proceedings in a court of competent jurisdiction.
(3)A public employee or public official who, in the performance of their official duties, violates this part 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 this part, $1,000 or actual damages, whichever is greater;
(b)against an entity that intentionally or recklessly violates a provision of this part, $5,000 or actual damages, whichever is greater;
(c)against an entity that negligently violates a provision of 44-15-104 or 44-15-105, $5,000 or actual damages, whichever is greater;
(d)against an entity that intentionally or recklessly violates a provision of 44-15-104 or 44-15-105, $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 this part. In an action brought by the attorney general, a violation of this part 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.