Montana § 44-15-112 Penalty

Montana Statutes

§ 44-15-112 — Penalty

Montana·Title 44 LAW ENFORCEMENT·Ch. 15 FACIAL RECOGNITION FOR GOVERNMENT USE·Part 1 General Provisions

44-15-112 . Penalty.

(1)A violation of this part constitutes an injury and a person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in a court of competent jurisdiction to enforce this part.

(2)A person who has been subjected to facial recognition technology in violation of this part or about whom information has been obtained, retained, accessed, or used in violation of this part may institute proceedings in a court of competent jurisdiction.

(3)A public employee or public official who, in the performance of their official duties, violates this part may be subject to disciplinary action, including but not limited to retraining, suspension, or termination, subject to the requirements of due process and of an applicable collective bargaining agreem

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44-15-112 . Penalty. (1) A violation of this part constitutes an injury and a person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in a court of competent jurisdiction to enforce this part.
(2) A person who has been subjected to facial recognition technology in violation of this part or about whom information has been obtained, retained, accessed, or used in violation of this part may institute proceedings in a court of competent jurisdiction.
(3) A public employee or public official who, in the performance of their official duties, violates this part may be subject to disciplinary action, including but not limited to retraining, suspension, or termination, subject to the requirements of due process and of an applicable collective bargaining agreement.
(4) A prevailing party may recover for each violation:
(a) against an entity that negligently violates a provision of this part, $1,000 or actual damages, whichever is greater;
(b) against an entity that intentionally or recklessly violates a provision of this part, $5,000 or actual damages, whichever is greater;
(c) against an entity that negligently violates a provision of 44-15-104 or 44-15-105 , $5,000 or actual damages, whichever is greater;
(d) against an entity that intentionally or recklessly violates a provision of 44-15-104 or 44-15-105 , $10,000 or actual damages, whichever is greater;
(e) reasonable attorney fees and costs, including expert witness fees and other litigation expenses; and
(f) other relief, including an injunction, as the court may consider appropriate.
(5) The attorney general may bring an action to enforce this part. In an action brought by the attorney general, a violation of this part is subject to a civil penalty of $10,000 or actual damages, whichever is greater, for each violation.
(6) Nothing in this section limits the rights under state or federal law of a person injured or aggrieved by a violation of this section.

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