Acquisition and use of facial recognition technology by government entities prohibited.

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.

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[626.191] FACIAL RECOGNITION TECHNOLOGY.

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Subdivision 1.

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Definitions.

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For purposes of this section, the following terms have the

meanings given:

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(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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(2) "face surveillance system" means a computer software or an application that performs

face surveillance;

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(3) "government entity" means a state or local unit of government or law enforcement

agency; and

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(4) "government official" means a person acting on behalf of a government entity.

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Subd. 2.

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Ban on government use of face surveillance.

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A government entity or

government official may not:

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(1) obtain, retain, access, or use a face surveillance system or information obtained from

a face surveillance system; or

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(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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Subd. 3.

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Enforcement.

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(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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(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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(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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(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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(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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EFFECTIVE DATE.

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This section is effective August 1, 2026.

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