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