Montana
Privacy Laws
Overview
BREACH NOTIFICATION – Mandated Timeframe
Without unreasonable delay
FINES & PENALTIES – Violations
Up to $10,000 per violation
Regulation Levels
-
Breach Reporting
-
Consumer Notification
-
Vendor Management
-
Vendor Contract Required
PRIVACY AND SECURITY LAWS
Laws related to personal information and privacy and security.
Breach Reporting
Required
Vendor Obligations
Required
Consumer Notification
Required
Vendor Contracts
Not Required
Vendor Notification
Required
Privacy Program
Required
QUICK FACTS
Montana Privacy Law Information
At the same time as consumer notification, breach reporting must be made to the Attorney General’s Consumer Protection Office. Notifying the Commissioner of Insurance is required in some cases involving insurance related breaches.
If your breach affects residents in other jurisdictions, those individuals must be notified based on the breach notification laws of the jurisdiction where they reside.
A vendor discovering a breach or suspected breach must notify the data owner. The organization is responsible for reporting to regulator and consumer notification. Vendors in the business of destroying records must have measures in place for the destruction of records containing personal information so the records are unreadable or undecipherable. Under Montana’s Consumer Protection law, “an entity that destroys records” is included in the definition of “business”.
Organizations may be fined or penalized for Vendor violations. Actions may be brought for temporary or permanent injunctive relief for violations. A civil action may be brought if there is a violation under the credit reporting laws.
Montana Statutes and Laws
Unfair trade practices and consumer protection
Definitions
Record Destruction
Computer security breach
Department to restrain unlawful acts – penalty
Enforcement, penalties
Impediment of Identity Theft – Record Destruction and Security Breach
Impediment of identity theft – credit cards
Insurance information and privacy protection
DISCLAIMER
The information provided is not legal guidance or recommendations and are for informational purposes only.