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HF 1196

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 04:55pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; prohibiting the acquisition and use of facial recognition
technology by government entities; proposing coding for new law in Minnesota
Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [626.191] FACIAL RECOGNITION TECHNOLOGY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "face surveillance" means an automated or semiautomated process that assists in
identifying an individual or capturing information about an individual, based on the physical
characteristics of an individual's face;
new text end

new text begin (2) "face surveillance system" means any computer software or application that performs
face surveillance;
new text end

new text begin (3) "government entity" means any state or local unit of government or law enforcement
agency; and
new text end

new text begin (4) "government official" means any person acting on behalf of a government entity.
new text end

new text begin Subd. 2. new text end

new text begin Ban on government use of face surveillance. new text end

new text begin A government entity or
government official may not:
new text end

new text begin (1) obtain, retain, access, or use any face surveillance system or any information obtained
from a face surveillance system; or
new text end

new text begin (2) enter into an agreement or arrangement with a private entity to obtain, retain, access,
or use any face surveillance system or any information obtained from a face surveillance
system.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin (a) No data collected or derived from any use of face surveillance
in violation of this section and no evidence derived from its use may be received in evidence
in any trial, hearing, or other proceeding in or before any court, grand jury, department,
officer, agency, regulatory body, legislative committee, or other authority subject to state
law. Face surveillance data collected or derived in violation of this section is considered
unlawfully obtained, and must be deleted upon discovery.
new text end

new text begin (b) A violation of this section constitutes an injury and a person may institute proceedings
for injunctive relief, declaratory relief, or writ of mandate in any court of competent
jurisdiction. An action instituted under this paragraph may be brought against the respective
government entity, and, if necessary to effectuate compliance with this section, any other
government entity with possession, custody, or control of data subject to this section.
new text end

new text begin (c) A person who has been subjected to face recognition in violation of this section, or
about whom information has been obtained, retained, accessed, or used in violation of this
section, may institute proceedings in any court of competent jurisdiction against the
government entity and shall be entitled to recover actual damages, but not less than liquidated
damages of $1,000 or $100 for each violation, whichever is greater.
new text end

new text begin (d) A court shall award costs and reasonable attorney fees to a plaintiff who is the
prevailing party in an action brought under paragraph (b) or (c).
new text end

new text begin (e) Violations of this section by a government official may be addressed through
retraining, suspension, or termination, subject to due process requirements.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end