INITIATIVE PETITION FOR A PROPOSED AMENDMENT TO THE MISSOURI CONSTITUTION

Proposed Amendment XX

The Missouri Right to Freedom from Surveillance, Tracking, and Biometric Collection Amendment

PROPOSED BALLOT TITLE

Shall the Constitution of Missouri be amended to establish constitutional protections against government surveillance, tracking, and biometric information collection; prohibit mass surveillance and generalized monitoring; require judicial authorization for specified government collection and use of sensitive location, movement, and biometric information; regulate government surveillance databases; and provide remedies for violations?

PROPOSED BALLOT SUMMARY

This amendment establishes constitutional protections against government surveillance, tracking, and biometric information collection; prohibits mass surveillance and generalized monitoring without individualized legal justification; requires judicial authorization for specified collection and use of sensitive location, movement, and biometric information; regulates government surveillance databases and government contractors; and provides remedies for violations.

PROPOSED AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF MISSOURI

Be it resolved by the people of the state of Missouri that the Constitution be amended:

Section 35. Right to Freedom from Government Surveillance, Tracking, and Biometric Collection

Section 1. Right to Privacy and Security

The people shall have the right to be secure in their persons, homes, papers, effects, communications, electronic data, biometric information, and movements against government surveillance, monitoring, tracking, collection, and analysis.

A governmental authority shall not collect, monitor, record, analyze, identify, track, or retain information concerning an individual in a manner prohibited by this Article.

Governmental collection or use of information protected by this Article shall comply with this Article and with the Constitution of the United States.

Nothing in this Article shall be construed to diminish any protection otherwise afforded by the Constitution of Missouri or the Constitution of the United States.

Section 2. Generalized Surveillance Prohibited

A governmental authority shall not conduct mass surveillance or generalized monitoring of persons absent individualized legal justification and the judicial authorization required by this Article.

A governmental authority shall not employ a surveillance system for the generalized identification, tracking, monitoring, categorization, or analysis of persons, vehicles, devices, or personal characteristics.

No person shall be subjected to government surveillance solely on the basis of lawful presence, travel, speech, association, appearance, identity, or exercise of a right protected by the Constitution of Missouri or the Constitution of the United States.

A governmental authority shall not obtain, acquire, request, purchase, or use information from a private person or entity for the purpose of circumventing a limitation imposed by this Article.

A private person or entity may lawfully observe, record, document, or report another person. The voluntary provision of such information to a governmental authority shall not, by itself, constitute a violation of this Article. Any subsequent governmental search, analysis, identification, tracking, or other use of such information shall remain subject to this Article and other applicable constitutional limitations.

Section 3. Biometric Information

Biometric information is uniquely sensitive information capable of identifying or distinguishing an individual.

A governmental authority shall not collect, retain, analyze, share, transfer, or use biometric information for generalized surveillance, mass identification, or continuous tracking except as authorized by this Article and applicable constitutional law.

Biometric information includes, but is not limited to:

Facial characteristics used for identification;
Fingerprints;
Voice characteristics;
Iris or retinal patterns;
DNA profiles;
Hand geometry; and
Behavioral characteristics, including gait, when used for identification or tracking.

A governmental authority shall not use biometric information to identify, locate, track, or categorize an individual through generalized surveillance without individualized legal justification and the judicial authorization required by this Article.

Nothing in this Section shall prohibit the limited collection or use of biometric information when reasonably necessary for a lawful governmental function and when such collection or use does not constitute generalized surveillance, mass identification, or continuous tracking prohibited by this Article.

Section 4. Judicial Authorization

When judicial authorization is required by this Article, the authorization shall be issued by a neutral judicial officer upon probable cause supported by written oath or affirmation.

The warrant or other judicial authorization shall, as nearly as practicable, particularly describe the person, place, account, device, information, or data to be searched, accessed, collected, or seized and shall identify the information sought.

Judicial authorization shall be required before a governmental authority conducts prolonged or detailed tracking of a particular person or obtains sensitive location, movement, or biometric information when such conduct constitutes a search or seizure under the Constitution of Missouri, the Constitution of the United States, or this Article.

The General Assembly may establish procedures governing applications for judicial authorization, provided that such procedures do not diminish the rights established by this Article.

Section 5. Exceptions

Nothing in this Article shall prohibit governmental collection or use of information pursuant to:

A valid warrant or other judicial authorization;
The voluntary and informed consent of the person whose protected information is collected, when legally sufficient;
An exigent circumstance in which immediate action is reasonably necessary to prevent imminent death or serious bodily injury;
A lawful arrest, search, or seizure otherwise permitted by the Constitution of Missouri or the Constitution of the United States; or
Another exception recognized by the Constitution of the United States.

Governmental collection conducted pursuant to an exigent circumstance shall be limited to information reasonably necessary to address the emergency. When continued collection or use requires judicial authorization, such authorization shall be obtained as soon as reasonably practicable.

Nothing in this Section shall be construed to authorize generalized surveillance or tracking that is otherwise prohibited by this Article.

Section 6. Government Surveillance and Biometric Databases

A governmental authority shall not create or maintain a database for the purpose of generalized surveillance, mass biometric identification, or continuous tracking in violation of this Article.

A database containing biometric, location, movement, or surveillance information may be maintained when authorized by law and operated consistently with this Article and the Constitution of the United States.

Governmental databases containing information protected by this Article shall be subject to reasonable:

Access controls;
Security requirements;
Data-retention limitations;
Independent oversight; and
Accountability procedures.

A governmental authority shall not delegate, outsource, transfer, or otherwise arrange for a private person or entity to perform an act that the governmental authority would be prohibited from performing directly under this Article.

A private person or entity acting on behalf of a governmental authority shall be subject to the restrictions applicable to that governmental authority with respect to information collected, retained, analyzed, or used on the government's behalf.

Section 7. Unlawfully Obtained Information

Information obtained by a governmental authority in violation of this Article shall not be admitted against the person whose rights were violated in a criminal, civil, administrative, or governmental proceeding, except as otherwise required by the Constitution of the United States.

Information unlawfully collected shall be destroyed as provided by law, except to the extent that retention is reasonably necessary to establish compliance with this Article or is otherwise required by the Constitution of the United States.

Nothing in this Section shall require the exclusion of evidence obtained independently of the unlawful governmental conduct.

Section 8. Discontinuation of Noncompliant Systems

A governmental authority operating a surveillance system, biometric identification system, automated tracking network, or database in violation of this Article shall cease the unlawful collection, retention, analysis, or use of protected information.

Information collected in violation of this Article shall be

deleted or destroyed in accordance with procedures established by law.

A governmental authority shall not transfer prohibited equipment, technology, or information to another governmental authority, contractor, private entity, or other person for the purpose of continuing conduct prohibited by this Article.

The General Assembly may establish procedures for auditing, reviewing, disabling, modifying, or removing systems that operate in violation of this Article.

Section 9. Remedies and Enforcement

A person whose rights under this Article have been violated shall have access to appropriate judicial relief.

The General Assembly may enact laws necessary to implement this Article, including laws governing judicial authorization, emergency procedures, data destruction, database security, independent oversight, and enforcement.

No law enacted pursuant to this Section shall diminish or eliminate a right protected by this Article.

Section 10. Definitions

"Biometric information" means a biological, physical, or behavioral characteristic capable of identifying or distinguishing an individual, including facial characteristics, fingerprints, iris or retinal patterns, voice characteristics, DNA profiles, hand geometry, and movement characteristics when used for identification or tracking.

"Biometric identification" means the use of biometric information to identify, verify, locate, track, or categorize an individual.

"Governmental authority" means the State of Missouri and any state agency, county, municipality, political subdivision, law enforcement agency, public institution, or private person or entity acting on behalf of a Missouri governmental entity.

"Mass surveillance" means the collection, monitoring, identification, tracking, or analysis of information concerning persons generally, indiscriminately, or without individualized legal justification.

"Surveillance system" means a technology, program, database, network, device, or method used by a governmental authority to collect, retain, analyze, identify, monitor, track, or infer information concerning persons.

"Sensitive location information" means information that reveals, or permits the government to determine, the past, present, or reasonably inferred location or movements of a particular individual.

"Automated tracking network" means a connected system capable of identifying, recording, analyzing, locating, or tracking persons, vehicles, devices, or identifiers through automated means.

Section 11. Construction

This Article shall be construed to provide protection against unreasonable government surveillance, tracking, and biometric collection while preserving lawful governmental investigations conducted consistently with the Constitution of Missouri and the Constitution of the United States.

Nothing in this Article shall be construed to regulate conduct by the federal government or to impair authority vested exclusively in the federal government by the Constitution of the United States.

Section 12. Severability

If any provision of this Article, or its application to any person or circumstance, is held invalid, the invalidity shall not affect the remaining provisions or applications of this Article to the fullest extent permitted by law.

Section 13. Effective Date

This Article shall take effect in accordance with Article XII, Section 2(b) of the Constitution of Missouri.

Within ninety days after this Article takes effect, every governmental authority shall bring its surveillance systems, biometric databases, tracking technologies, policies, procedures, and contracts into compliance with this Article.

A governmental authority shall not continue any collection, retention, analysis, tracking, identification, or use prohibited by this Article during the ninety-day compliance period.

The General Assembly may enact legislation establishing procedures necessary to implement this Article, but no such legislation shall extend the ninety-day compliance period or authorize conduct prohibited by this Article.

INITIATIVE PETITION FOR A PROPOSED AMENDMENT TO THE MISSOURI CONSTITUTION

Proposed Amendment XX

The Missouri Right to Freedom from Surveillance, Tracking, and Biometric Collection Amendment

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PROPOSED BALLOT TITLE

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PROPOSED BALLOT SUMMARY

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PROPOSED AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF MISSOURI

Be it resolved by the people of the state of Missouri that the Constitution be amended:

Section 35. Right to Freedom from Government Surveillance, Tracking, and Biometric Collection

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Section 1. Right to Privacy and Security

The people shall have the right to be secure in their persons, homes, papers, effects, communications, electronic data, biometric information, and movements against government surveillance, monitoring, tracking, collection, and analysis.

A governmental authority shall not collect, monitor, record, analyze, identify, track, or retain information concerning an individual in a manner prohibited by this Article.

Governmental collection or use of information protected by this Article shall comply with this Article and with the Constitution of the United States.

Nothing in this Article shall be construed to diminish any protection otherwise afforded by the Constitution of Missouri or the Constitution of the United States.

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Section 2. Generalized Surveillance Prohibited

A governmental authority shall not conduct mass surveillance or generalized monitoring of persons absent individualized legal justification and the judicial authorization required by this Article.

A governmental authority shall not employ a surveillance system for the generalized identification, tracking, monitoring, categorization, or analysis of persons, vehicles, devices, or personal characteristics.

No person shall be subjected to government surveillance solely on the basis of lawful presence, travel, speech, association, appearance, identity, or exercise of a right protected by the Constitution of Missouri or the Constitution of the United States.

A governmental authority shall not obtain, acquire, request, purchase, or use information from a private person or entity for the purpose of circumventing a limitation imposed by this Article.

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Section 3. Biometric Information

Biometric information is uniquely sensitive information capable of identifying or distinguishing an individual.

A governmental authority shall not collect, retain, analyze, share, transfer, or use biometric information for generalized surveillance, mass identification, or continuous tracking except as authorized by this Article and applicable constitutional law.

Biometric information includes, but is not limited to:

Facial characteristics used for identification;

Fingerprints;

Voice characteristics;

Iris or retinal patterns;

DNA profiles;

Hand geometry; and

Behavioral characteristics, including gait, when used for identification or tracking.

A governmental authority shall not use biometric information to identify, locate, track, or categorize an individual through generalized surveillance without individualized legal justification and the judicial authorization required by this Article.

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Section 4. Judicial Authorization

When judicial authorization is required by this Article, the authorization shall be issued by a neutral judicial officer upon probable cause supported by written oath or affirmation.

The warrant or other judicial authorization shall, as nearly as practicable, particularly describe the person, place, account, device, information, or data to be searched, accessed, collected, or seized and shall identify the information sought.

The General Assembly may establish procedures governing applications for judicial authorization, provided that such procedures do not diminish the rights established by this Article.

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Section 5. Exceptions

Nothing in this Article shall prohibit governmental collection or use of information pursuant to:

A valid warrant or other judicial authorization;

The voluntary and informed consent of the person whose protected information is collected, when legally sufficient;

An exigent circumstance in which immediate action is reasonably necessary to prevent imminent death or serious bodily injury;

A lawful arrest, search, or seizure otherwise permitted by the Constitution of Missouri or the Constitution of the United States; or

Another exception recognized by the Constitution of the United States.

Governmental collection conducted pursuant to an exigent circumstance shall be limited to information reasonably necessary to address the emergency. When continued collection or use requires judicial authorization, such authorization shall be obtained as soon as reasonably practicable.

Nothing in this Section shall be construed to authorize generalized surveillance or tracking that is otherwise prohibited by this Article.

​

Section 6. Government Surveillance and Biometric Databases

A governmental authority shall not create or maintain a database for the purpose of generalized surveillance, mass biometric identification, or continuous tracking in violation of this Article.

A database containing biometric, location, movement, or surveillance information may be maintained when authorized by law and operated consistently with this Article and the Constitution of the United States.

Governmental databases containing information protected by this Article shall be subject to reasonable:

Access controls;

Security requirements;

Data-retention limitations;

Independent oversight; and

Accountability procedures.

A governmental authority shall not delegate, outsource, transfer, or otherwise arrange for a private person or entity to perform an act that the governmental authority would be prohibited from performing directly under this Article.

A private person or entity acting on behalf of a governmental authority shall be subject to the restrictions applicable to that governmental authority with respect to information collected, retained, analyzed, or used on the government's behalf.

​

Section 7. Unlawfully Obtained Information

Information obtained by a governmental authority in violation of this Article shall not be admitted against the person whose rights were violated in a criminal, civil, administrative, or governmental proceeding, except as otherwise required by the Constitution of the United States.

Information unlawfully collected shall be destroyed as provided by law, except to the extent that retention is reasonably necessary to establish compliance with this Article or is otherwise required by the Constitution of the United States.

Nothing in this Section shall require the exclusion of evidence obtained independently of the unlawful governmental conduct.

Section 8. Discontinuation of Noncompliant Systems

A governmental authority operating a surveillance system, biometric identification system, automated tracking network, or database in violation of this Article shall cease the unlawful collection, retention, analysis, or use of protected information.

Information collected in violation of this Article shall be

deleted or destroyed in accordance with procedures established by law.

A governmental authority shall not transfer prohibited equipment, technology, or information to another governmental authority, contractor, private entity, or other person for the purpose of continuing conduct prohibited by this Article.

The General Assembly may establish procedures for auditing, reviewing, disabling, modifying, or removing systems that operate in violation of this Article.

​

Section 9. Remedies and Enforcement

A person whose rights under this Article have been violated shall have access to appropriate judicial relief.

The General Assembly may enact laws necessary to implement this Article, including laws governing judicial authorization, emergency procedures, data destruction, database security, independent oversight, and enforcement.

No law enacted pursuant to this Section shall diminish or eliminate a right protected by this Article.

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