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Montana Privacy: What you need to know

The right to privacy is expressly provided by Montana's Constitution (MT Const. Art. II Sec. 10). Montana also recognizes the four invasion of privacy claims:
• Intrusion into one's private affairs;
• Public disclosure of private facts;
• Publicity that places the individual in a false light; and
• Unlawful appropriation of another's image.
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In order to protect individual privacy and to prevent identity theft, state law requires that any person or business that conducts business in Montana and owns or licenses computerized data that includes personal information disclose any breach of security of its data system following discovery or notification of the breach. The disclosure must be provided to any Montana resident whose unencrypted personal information was or is reasonably believed to have been acquired by an unauthorized person. The disclosure must be made without unreasonable delay, consistent with the legitimate needs of law enforcement or consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system (MT Code Sec. 30-14-1704). These requirements also apply to licensees or insurance-support organizations (MT Code Sec. 33-19-321). In addition, businesses that maintain but do not own this type of data must immediately notify the owner or licensee of the information of any breach if the personal information was or is reasonably believed to have been acquired by an unauthorized person (MT Code Sec. 30-14-1704).
Personal information. Personal information is defined as an individual's first name or initial and last name in combination with the individual's Social Security number (SSN); driver's license number; state ...

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Montana Privacy Resources

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