Montana 2023 Regular Session

Montana Senate Bill SB397

Introduced
2/17/23  
Refer
2/20/23  
Engrossed
3/3/23  
Refer
3/15/23  
Enrolled
4/25/23  

Caption

Generally revise laws related to privacy and facial recognition technology

Impact

This legislation significantly revises existing privacy laws governing the collection and use of facial recognition technologies within state and local government agencies. Under SB397, authorities may not employ facial recognition for general surveillance, which is intended to prevent unjust profiling or infringement on civil liberties. Law enforcement can utilize facial recognition solely for serious investigations, provided they secure a warrant, thus reinforcing judicial oversight on such technology's deployment. By instituting these limitations, the bill aims to balance security interests with the privacy rights of individuals.

Summary

Senate Bill 397, known as the Facial Recognition for Government Use Act, establishes regulations regarding the use of facial recognition technology by government agencies in Montana. The bill principally prohibits continuous facial surveillance and the use of facial recognition technology for identifying individuals, barring certain exemptions that allow its use by law enforcement under stringent conditions. Instead of enabling broad surveillance capabilities, SB397 aims to ensure privacy protections while also providing guidelines for responsible use where warranted by law enforcement needs.

Sentiment

Overall, the sentiment surrounding SB397 appears to favor privacy and civil rights advocates who argue for the necessity of oversight in how personal data is managed by government agencies. However, there may be contention from law enforcement agencies who might view the restrictions as limiting useful tools for crime investigations. The bill reflects a growing national conversation about the implications of advanced surveillance technologies on personal freedoms and governmental accountability.

Contention

A noticeable point of contention is the exceptions outlined for law enforcement use, which require legal protocols for engagement with facial recognition technology, raising questions around immediate accessibility in emergencies. Critics argue that the bill does not sufficiently cover concerns about the efficacy and potential biases of facial recognition systems, thereby necessitating more comprehensive guidelines. Thus, while SB397 strives to enhance accountability, debates linger on its practical implications and effectiveness in safeguarding civil liberties against misuse of surveillance technology.

Companion Bills

No companion bills found.

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