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Montana

An Act to Implement Individual Privacy and to Prevent ID Theft
CITATION Mont. Code §§ 30-14-1704 and 2-6-504
ENACTED 2005
SUMMARY Any person or business that conducts business in Montana and that owns or licenses computerized data that includes personal information must disclose any breach of the security of the data system following discovery or notification of the breach to any resident of Montana whose unencrypted personal information was or is reasonably believed to have been acquired by an unauthorized person. The disclosure must be made without unreasonable delay, consistent with the legitimate needs of law enforcement, or consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
DATA COVERED

The law covers ‘Personal Information’ which is defined as an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:

  1. Social Security number;
  2. Driver's license number, Montana ID card number, or tribal ID card number;
  3. Account number or credit or debit card number in combination with any required security code, access code or password that would permit access to an individual’s financial account. 
INDUSTRY Any person or business that conducts business in Montana and that owns or licenses computerized data that includes personal information, on their own behalf or on behalf of others.
PENALTIES An injunction may be granted. Court may order defendant to pay to the state a civil fine of not more than $10,000 for each violation. If the actions are intentional, a fine of not more $5,000 plus imprisonment for not more than 1 year, or both at the discretion of the court.
United States - English