Montana. Breach notification. Act

MT breach lawMontana data breach notification law (Mont. Code §§ 30-14-1701 et seq.; 2-6-1501 et seq.; 33-19-321)

In force
Partly verifiedMedium confidence. Penalty figure from Montana Consumer Protection Act general provision.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about Montana residents to notify affected individuals after a security breach. Core timing rule: Individuals without unreasonable delay. Covered data: name plus SSN, driver's licence/state/tribal ID, financial account with codes, medical records, taxpayer ID, IRS IP PIN.

Key themes
  • breach notification
  • personal information definition
  • regulator notice
  • consumer reporting agency notice
  • vendor-to-owner notice
  • encryption safe harbour
  • substitute notice
  • law enforcement delay
Unique features

Simultaneous electronic copy of notice to the AG consumer protection office for all breaches; insurers report to the Insurance Commissioner.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: Montana requires the maintaining entity to notify the owner immediately following discovery. The owner customer then carries the individual and regulator notices, so contracts should fix timelines and cooperation.

§2Obligations

Extraterritorial
Limited
Breach notification
Individuals without unreasonable delay; AG Office of Consumer Protection simultaneously for every notifiable breach
DPO
No
Cross-border transfers
None
Maximum penalty
Unfair trade practice; up to $10,000 per wilful violation

§3Dates

Key dates
  • Adopted
  • In force
  • SB 50 (2023, eff. 2023-10-01) added tribal ID, medical records and IRS IP PIN

§4Text and authority

Text
Authority
Montana Department of Justice, Office of Consumer Protection

§5Where it applies

Domestic law of
Montana

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Penalty figure from Montana Consumer Protection Act general provision.