HF 3146

as introduced - 94th Legislature (2025 - 2026) Posted on 04/07/2025 03:07pm

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 For purposes of this section, the following terms have the
meanings given:
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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;
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new text begin (2) "face surveillance system" means a computer software or an application that performs
face surveillance;
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new text begin (3) "government entity" means a state or local unit of government or law enforcement
agency; and
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new text begin (4) "government official" means a person acting on behalf of a government entity.
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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:
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new text begin (1) obtain, retain, access, or use a face surveillance system or information obtained from
a face surveillance system; or
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new text begin (2) enter into an agreement or arrangement with a private entity to obtain, retain, access,
or use a face surveillance system or information obtained from a face surveillance system.
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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 a trial, hearing, or other proceeding in or before a 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.
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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 a 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.
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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 a 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.
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new text begin (d) A court must award costs and reasonable attorney fees to a plaintiff who is the
prevailing party in an action brought under paragraph (b) or (c).
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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.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025.
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