Securing Montanan’s Right to Privacy

Tanner Avery

Director of The Center for New Frontiers

Tanner Avery
/ Blog
February 10, 2022

Securing Montanan’s Right to Privacy

"So far, the committee has confirmed our suspicions: Montanans who apply for government benefits or receive a driver’s license are vulnerable to law enforcement searches of their biometric information with little legislative oversight."

“The main political problem is how to prevent the police power from becoming tyrannical. This is the meaning of all the struggles for liberty.” – Ludwig Von Mises

This week the Economic Affairs Interim Committee held a panel discussion featuring state agencies that use facial recognition technology and the companies that provide the technology. 

As the Interim Committee has been studying government use of facial recognition in Montana, a number of issues have come to light. One of the main privacy concerns has been the extent to which a facial recognition vendor may share the personal biometric information of Montanans with law enforcement agencies who request that information.

So far, the committee has confirmed our suspicions: Montanans who apply for government benefits or receive a driver’s license are vulnerable to law enforcement searches of their biometric information with little legislative oversight.

While some Montana agencies and the third-party vendors have implemented internal policies regarding when and how facial recognition can be used by law enforcement – requiring a subpoena before sharing user information, for instance – there are no legislative standards governing how the technology can be used.

These internal privacy protections are a welcome development, but Montanans’ right to privacy shouldn’t have to rely on internal policies that may or may not change.

In order to ensure abuses do not occur, uniform and transparent rules should be adopted by the legislature that establish clear guidelines as to how law enforcement and other government agencies can use facial recognition.

For Liberty,

Tanner Avery


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