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.