44-15-105. Prohibition of facial recognition technology, MCA

Montana Code Annotated 2023

TITLE 44. LAW ENFORCEMENT

CHAPTER 15. FACIAL RECOGNITION FOR GOVERNMENT USE

Part 1. General Provisions

Prohibition Of Facial Recognition Technology

44-15-105. Prohibition of facial recognition technology. (1) Except as provided in 44-15-106 and 44-15-108, a state or local government agency, law enforcement agency, public employee, or public official may not:

(a) obtain, retain, possess, access, request, or use facial recognition technology or information derived from a search using facial recognition technology;

(b) enter into an agreement with a third-party vendor for any purpose listed in subsection (1)(a); or

(c) install or equip a continuous facial surveillance monitoring camera on public buildings or on public roads and highways of this state, except as provided in 46-5-117.

(2) The motor vehicle division may not establish a digital driver's license program that utilizes facial recognition technology without the consent of the legislature.

History: En. Sec. 5, Ch. 781, L. 2023.