Regulation of facial recognition technology by law enforcement agencies has taken a new turn in Montana. The state has just enacted the Facial Recognition for Government Use Act (FRGUA).
This critical legislation not only permits state and local agencies, including the police, to employ facial recognition in the search for suspects, victims, or witnesses to severe crimes, but also takes steps to ensure that usage is not unrestricted.
The FRGUA introduces two crucial restrictions on law enforcement’s use of facial recognition technology. Firstly, the act expressly prohibits the ‘continuous’ application of facial recognition technology. Secondly, it puts in place mandatory human review and audit procedures to ensure that the technology’s usage is in adherence to the regulations established.
Without exceptional conditions, the police must obtain a warrant to employ facial recognition technology. This requirement makes a clear step towards addressing concerns over civil liberties and the potential for misuse of such powerful and intrusive technology.
While law professionals worldwide will be watching closely how this law’s interpretation and application plays out in practice, for now, it is a significant milestone in the journey toward balancing the deployment of robust, technology law-enforcement tools with respect for individual rights and freedoms.