Duty LXD-0227
Crawls the web, in Montana
Impediment of Identity Theft, record destruction dutysince 2 lines
Mont. Code Ann. § 30-14-1703 · Read the law's page
- This binds any business holding a customer's records containing personal information within its custody or control, a business being any sole proprietorship, partnership, corporation, association, or other group, whether or not organized to operate at a profit, including an entity that destroys records, but not an industry regulated under Title 33 of the Montana Code.
- Take all reasonable steps to destroy, or arrange for the destruction of, a customer's records containing personal information once they are no longer necessary to be retained, by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable.
Montana Consumer Data Privacy Act (MCDPA), publicly available information exemptionsince 3 lines
Mont. Code Ann. § 30-14-2802(26) · Read the law's page
- Personal data that is lawfully made available through a government record or widely distributed media, or that a controller reasonably believes a consumer lawfully made public, falls outside the MCDPA's definition of personal data.
- Check the Act's current, lower thresholds (25,000 consumers, or 15,000 with more than 25% of revenue from data sales) as amended by SB 297 in 2025; the original 2023 thresholds were roughly double these and no longer apply.
- Cite this Act's origin as Senate Bill 384 (2023), Chapter 681, never House Bill 351, which is an unrelated, unenacted marijuana bill.
Montana Unlawful Use of a Computer, without consent of the ownerin force7 lines
Mont. Code Ann. § 45-6-311 · Read the law's page
- Do not knowingly or purposely obtain the use or access of a computer, computer system or computer network without the owner's consent; the value of the property affected grades the penalty and is not an element, and the offense covers access when no loss can be articulated.
- Do not knowingly or purposely and without authorization introduce a computer contaminant that deletes, modifies, or renders unavailable data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device (Mont. Code Ann. section 45-6-311(1)(c)).
- Do not knowingly or purposely and without authorization introduce a computer contaminant to gain access to data, programs, supporting documentation, computer systems, including peripheral devices, or computer networks in order to delete, encrypt, modify, append, or otherwise render them unavailable, where they are owned or operated by a governmental or private entity or person (Mont. Code Ann. section 45-6-311(1)(f)).
- Do not knowingly or purposely and without authorization use another person's computer or computer credentials to track that person's movements or monitor that person's communications without that person's consent (Mont. Code Ann. section 45-6-311(1)(h)).
- Do not encrypt or modify another person's computer, computer system, or electronic device, subject to the exceptions in subsections (3) and (4) of section 45-6-311 (Mont. Code Ann. section 45-6-311(5)(a)).
- Do not restrict access to personal data by any means (Mont. Code Ann. section 45-6-311(5)(b)).
- Do not restrict access to a product or service because the consumer did not authorize the use or collection of data (Mont. Code Ann. section 45-6-311(5)(c)).