Montana

Breach Based on Harm Threshold: YES
Deadline for Consumer Notice: Without unreasonable delay
Government Notification Required: YES

Mont. Code Ann. §§ 30-14-1701 to -1705

Scope of this Summary

Notification requirements applicable to person or business, excluding insurance companies, that conduct business in Montana and that own, license or maintain covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.

Covered Info

First name or first initial and last name, plus: Social Security number; driver's license, state ID or tribal ID card number; account, credit card or debit card number in combination with any required security or access code or password that would permit access to an individual’s financial account; medical record info as defined by statute; tax ID number; or an identity protection personal ID number issued by the IRS.

Form of Covered Info

Electronic Only.

Encryption Safe Harbor

Statute does not apply to information that is encrypted.

Breach Defined

Unauthorized acquisition that materially compromises the security, confidentiality or integrity of the covered info and causes, or is reasonably believed to cause, loss or injury to a resident, excluding certain good faith acquisitions by employees or agents.

Consumer Notice

Timing: Must be made Without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system.

Method: By written notice, telephone notice, or electronic notice if consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.

Delayed Notice

Notification may be delayed if law enforcement determines notice may impede a criminal investigation.

Harm Threshold

Notification not required if the covered entity reasonably believes that breach has not and will not reasonably cause loss or injury to a Montana resident.

Government Notice

If notice to residents is required, must simultaneously submit electronic copy of notification to Attorney General along with a statement detailing the date and method of distributing the notice and number of residents notified.

Consumer Reporting Agency Notice

If notice to residents suggests, indicates or implies that they may obtain a copy of their consumer report from a CRA, entity must coordinate with the CRA as to the timing, content and distribution of the notice. Coordination may not unreasonably delay notice to affected residents.

Third-Party Notice

If you maintain covered info on behalf of another entity, you must notify them immediately following discovery of a breach.

Potential Penalties

Violations may result in civil or criminal penalties.

This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on March 26, 2018