44-15-102. Purpose. (1) Except as provided in subsection (2), the purpose of this part is to prohibit the use of facial recognition technology for continuous facial surveillance or facial identification by state and local government agencies and law enforcement agencies.

Terms Used In Montana Code 44-15-102

  • 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 identification: means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare the facial biometric data of an unknown individual derived from a photograph, video, or image to a database of photographs or images and associated facial biometric data in order to identify potential matches. 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

(2)It is the intent of the legislature to provide state and local government agencies the guidelines to use, or contract with third parties to use on their behalf, facial verification and to provide law enforcement agencies the ability to use facial recognition technology for investigations of serious crimes.