Who Is Covered?
Any person or business that conducts business in Montana and that owns or licenses computerized data that includes personal information. Mont. Code Ann. § 30-14-1704(1).
What Information Is Protected?
“Personal information” means 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:
- Social security number;
- Driver’s license number, state identification card number, or tribal identification card number;
- 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;
- Medical record information as defined in 33-19-104;
- A taxpayer identification number; or an identity protection personal identification number issued by the United States Internal Revenue Service. Mont. Code Ann. § 30-14-1704(4)(b)(i).
What Is A “Breach”?
“Breach of the security of the data system” means unauthorized acquisition of computerized data that materially compromises the security, confidentiality, or integrity of personal information maintained by the person or business and causes or is reasonably believed to cause loss or injury to a Montana resident. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the data system, provided that the personal information is not used or subject to further unauthorized disclosure. Mont. Code Ann. § 30-14-1704(4)(a).
What Triggers Notification?
Discovery or notification of the breach of data of any resident of Montana whose unencrypted personal information was or is reasonably believed to have been acquired by an unauthorized person. Mont. Code Ann. § 30-14-1704(1).
How Is Notice Provided To Individuals?
Timing: The disclosure must be made without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (3), or consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Mont. Code Ann. § 30-14-1704(1).
Delivery: Notice may be by:
- Written notice;
- Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. 7001;
- Telephonic notice; or
- Substitute notice, if the person or business demonstrates that: (A) the cost of providing notice would exceed $250,000; (B) the affected class of subject persons to be notified exceeds 500,000; or (C) the person or business does not have sufficient contact information. Mont. Code Ann. § 30-14-1704(5)(a).
Content: None specified, except if a business discloses a security breach to any individual pursuant to this section and gives a notice to the individual that suggests, indicates, or implies to the individual that the individual may obtain a copy of the file on the individual from a consumer credit reporting agency, the business shall coordinate with the consumer reporting agency as to the timing, content, and distribution of the notice to the individual. The coordination may not unreasonably delay the notice to the affected individuals. Mont. Code Ann. § 30-14-1704(7).
Is Notice To The Government Required?
Yes. Any person or business that is required to issue a notification pursuant to this section shall simultaneously submit an electronic copy of the notification and a statement providing the date and method of distribution of the notification to the attorney general’s consumer protection office, excluding any information that personally identifies any individual who is entitled to receive notification. If a notification is made to more than one individual, a single copy of the notification must be submitted that indicates the number of individuals in the state who received notification. Mont. Code Ann. § 30-14-1704(8).
Is Notice To Credit Reporting Agencies Required?
No, unless the notice suggests, indicates, or implies to the individual that the individual may obtain a copy of the file on the individual from a consumer credit reporting agency. See above.
Are There Security Measure Standards?
No, although separate from the breach notification law, Mont. Code Ann. § 30-14-1703 provides that a business shall take all reasonable steps to destroy or arrange for the destruction of a customer’s records within its custody or control containing personal information that is no longer necessary to be retained by the business by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable.
What Are The Possible Consequences Of A Violation?
Whenever the department has reason to believe that a person has violated this part and that proceeding would be in the public interest, the department may bring an action in the name of the state against the person to restrain by temporary or permanent injunction or temporary restraining order the use of the unlawful method, act, or practice upon giving appropriate notice to that person pursuant to Mont. Code Ann. § 30-14-111(2). A violation is an unlawful practice and the Attorney General may recover on behalf of the state a civil fine of not more than $10,000 for each violation. Mont. Code Ann. § 30-14-142(2).
Are There Any Exemptions/Exceptions?
A person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and that does not unreasonably delay notice is considered to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the data system. Mont. Code Ann. § 30-14-1704(6).