Law / United States / 
Montana
Parental rights: consent before a government entity scans a child's biometrics or records a child, and opt-in to school data collection
In force since .
A sensitive categories rule binding government bodies.
- Private right of action
- Yes
- Obligation class
- Consent, Biometric, Data subject rights, Access restriction
- Audit expectation
- none
What it requires
- If you are a school, give a parent access to and the ability to review all written and electronic education records relating to the child that you control or possess (section 40-6-701(2)(b)).
- If you are a government entity, including a school district, obtain a parent's consent before a biometric scan of the child is made, shared or stored, and before a record of the child's blood or DNA is created, stored or shared unless a court order authorizes it (section 40-6-701(2)(g) and (h)).
- Obtain a parent's consent before making an audio or video recording of the child, except in the cases the section lists, among them the security or surveillance of buildings, grounds or transportation of students and an event open to the public (section 40-6-701(2)(i)).
- If you are a school district, let a parent opt the child out of any personal analysis, evaluation, survey or data collection that does not require personally identifiable information, and obtain the parent's opt-in before any that requires personally identifiable information, except for information necessary and essential for establishing a student's education record or for a demographic survey to validate an achievement test used for postsecondary admission (section 40-6-701(2)(k)).
- Notify a parent of the right to opt the child out of any physical and mental health surveys and screenings, and of any issues or concerns resulting from such a survey or screening of the child (section 40-6-701(3)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 40-6-701(2) gives a parent consent and access rights over a child's biometric scans, DNA records, recordings, education records and school data collection. None of those paragraphs names a log, a retention period or an audit. The section states no territorial test.
- Kind
- None
- As of
What this law does
A government entity includes the state, its political subdivisions, and any department, agency, commission, board, authority, institution or office of the state, including a municipality, county, consolidated municipal-county government, school district or other special district.
A government entity may not interfere with the fundamental right of parents to direct the upbringing, education, health care and mental health of their children unless it demonstrates that the interference furthers a compelling governmental interest and is narrowly tailored and the least restrictive means available for furthering that interest.
A parent may access and review all written and electronic education records relating to the child that are controlled by or in the possession of a school. A parent's consent is required before a biometric scan of the child is made, shared or stored. A parent's consent is also required before a record of the child's blood or DNA is created, stored or shared, unless authorized pursuant to a court order.
A parent's consent is required before a government entity makes an audio or video recording of the child, except a recording made during or as part of a court proceeding, a law enforcement investigation, a forensic interview in a criminal or child abuse and neglect investigation, the security or surveillance of buildings, grounds or transportation of students, a photo identification card, or an event open to the public.
Except for information necessary and essential for establishing a student's education record or for a demographic survey to validate an achievement test used to gain admission to a postsecondary institution, a parent may opt the child out of any personal analysis, evaluation, survey or data collection by a school district that does not require personally identifiable information, and opt the child in to any that requires personally identifiable information.
A parent must be notified of the right to opt out of any physical and mental health surveys and screenings of the child, and of any issues or concerns resulting from such a survey or screening. A parent may assert a violation of the section as a claim or defense in an administrative or judicial proceeding and may obtain appropriate relief, whether the proceeding is brought by or in the name of a government entity, a private person or any other party.
The prevailing party in an action filed under the section is entitled to reasonable attorney fees and costs. Section 40-6-701 was enacted by section 1 of chapter 502, Laws of 2021 and has been amended by chapter 527, Laws of 2023 and by chapters 6, 696 and 778, Laws of 2025. Chapter 502, Laws of 2021 took effect on as to all sections.
When LexLint raises it
When your app profile says your app processes biometric data, processes personal data or serves under-18s.
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