Montana Privacy laws & HR compliance analysis

Montana Privacy: What you need to know

The right to privacy is expressly provided by Montana's Constitution (MT Const. Art. II Sec. 10).
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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 include 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 insurers licensed in the state, as well as insurance-support organizations (MT Code Sec. 33-19-321). In addition, businesses that maintain but do not own these types 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 any one or more of various data elements, when either the name or the data elements are not encrypted. Such data elements include an individual's Social Security number (SSN); driver's license number; state identification card number or tribal identification card number; or account, credit, ...

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