| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public safety; prohibiting the acquisition and use of facial recognition |
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| 3 | 3 | | 1.3 technology by government entities; proposing coding for new law in Minnesota |
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| 4 | 4 | | 1.4 Statutes, chapter 626. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. [626.191] FACIAL RECOGNITION TECHNOLOGY . |
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| 7 | 7 | | 1.7 Subdivision 1.Definitions.For purposes of this section, the following terms have the |
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| 8 | 8 | | 1.8meanings given: |
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| 9 | 9 | | 1.9 (1) "face surveillance" means an automated or semiautomated process that assists in |
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| 10 | 10 | | 1.10identifying an individual or capturing information about an individual, based on the physical |
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| 11 | 11 | | 1.11characteristics of an individual's face; |
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| 12 | 12 | | 1.12 (2) "face surveillance system" means a computer software or an application that performs |
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| 13 | 13 | | 1.13face surveillance; |
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| 14 | 14 | | 1.14 (3) "government entity" means a state or local unit of government or law enforcement |
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| 15 | 15 | | 1.15agency; and |
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| 16 | 16 | | 1.16 (4) "government official" means a person acting on behalf of a government entity. |
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| 17 | 17 | | 1.17 Subd. 2.Ban on government use of face surveillance.A government entity or |
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| 18 | 18 | | 1.18government official may not: |
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| 19 | 19 | | 1.19 (1) obtain, retain, access, or use a face surveillance system or information obtained from |
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| 20 | 20 | | 1.20a face surveillance system; or |
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| 21 | 21 | | 1Section 1. |
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| 22 | 22 | | REVISOR KLL/RC 25-0509403/21/25 |
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| 23 | 23 | | State of Minnesota |
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| 24 | 24 | | This Document can be made available |
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| 25 | 25 | | in alternative formats upon request |
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| 26 | 26 | | HOUSE OF REPRESENTATIVES |
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| 27 | 27 | | H. F. No. 3146 |
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| 28 | 28 | | NINETY-FOURTH SESSION |
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| 29 | 29 | | Authored by Gomez, Engen, Feist, Hudson, Liebling and others04/07/2025 |
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| 30 | 30 | | The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 (2) enter into an agreement or arrangement with a private entity to obtain, retain, access, |
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| 31 | 31 | | 2.2or use a face surveillance system or information obtained from a face surveillance system. |
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| 32 | 32 | | 2.3 Subd. 3.Enforcement.(a) No data collected or derived from any use of face surveillance |
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| 33 | 33 | | 2.4in violation of this section and no evidence derived from its use may be received in evidence |
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| 34 | 34 | | 2.5in a trial, hearing, or other proceeding in or before a court, grand jury, department, officer, |
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| 35 | 35 | | 2.6agency, regulatory body, legislative committee, or other authority subject to state law. Face |
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| 36 | 36 | | 2.7surveillance data collected or derived in violation of this section is considered unlawfully |
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| 37 | 37 | | 2.8obtained and must be deleted upon discovery. |
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| 38 | 38 | | 2.9 (b) A violation of this section constitutes an injury and a person may institute proceedings |
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| 39 | 39 | | 2.10for injunctive relief, declaratory relief, or writ of mandate in a court of competent jurisdiction. |
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| 40 | 40 | | 2.11An action instituted under this paragraph may be brought against the respective government |
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| 41 | 41 | | 2.12entity and, if necessary to effectuate compliance with this section, any other government |
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| 42 | 42 | | 2.13entity with possession, custody, or control of data subject to this section. |
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| 43 | 43 | | 2.14 (c) A person who has been subjected to face recognition in violation of this section, or |
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| 44 | 44 | | 2.15about whom information has been obtained, retained, accessed, or used in violation of this |
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| 45 | 45 | | 2.16section, may institute proceedings in a court of competent jurisdiction against the government |
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| 46 | 46 | | 2.17entity and shall be entitled to recover actual damages, but not less than liquidated damages |
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| 47 | 47 | | 2.18of $1,000 or $100 for each violation, whichever is greater. |
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| 48 | 48 | | 2.19 (d) A court must award costs and reasonable attorney fees to a plaintiff who is the |
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| 49 | 49 | | 2.20prevailing party in an action brought under paragraph (b) or (c). |
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| 50 | 50 | | 2.21 (e) Violations of this section by a government official may be addressed through |
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| 51 | 51 | | 2.22retraining, suspension, or termination, subject to due process requirements. |
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| 52 | 52 | | 2.23 EFFECTIVE DATE.This section is effective August 1, 2025. |
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| 53 | 53 | | 2Section 1. |
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| 54 | 54 | | REVISOR KLL/RC 25-0509403/21/25 |
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