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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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Consumer Data Privacy and Online Monitoring

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Available at: <a href="https://leg.mt.gov/bills/2023/billpdf/SB0384.pdf">https://leg.mt.gov/bills/2023/billpdf/SB0384.pdf</a>

Data Breach Requirements: Mont. Code Ann. § 30-14-1702; 1704.

The numbering and internal citations herein are derived from the applicable state statute

The term “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: (A) Social Security number; (B) Driver’s license number, state identification card number, or tribal identification card number; (C) 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; (D) Medical record information as defined in 33-19-104; (E) Taxpayer identification number; or (F) Identity protection personal identification number issued by the United States Internal Revenue Service.

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A “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.

See Security Breach Definition (loss or injury standard).

The breach notification 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.

The breach notification may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation and requests a delay in notification. The breach notification must be made after the law enforcement agency determines that it will not compromise the investigation.

A breach notice may be provided by one of the following methods: (i) Written notice; (ii) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001 (The Electronic Signatures in Global and National Commerce Act); (iii) Telephonic notice; or (iv) 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.

Substitute notice must consist of the following: (i) An electronic mail notice when the person or business has an electronic mail address for the subject persons; and (ii) Conspicuous posting of the notice on the website page of the person or business if the person or business maintains one; or (iii) Notification to applicable local or statewide media.

Any person or business that is required to issue a breach notification 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 Office of Consumer Protection, 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.

Any person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of any breach of the security of the data system immediately following discovery if the personal information was or is reasonably believed to have been acquired by an unauthorized person.

If a business discloses a security breach to any individual 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.

Data Disposal and Security: Mont. Code Ann. §§ 30-14-1702 and 30-14-1703.

The numbering and internal citations herein are derived from the applicable state statute. See statute for any applicable exceptions or exemptions.

The term “personal information” means an individual’s name, signature, address, or telephone number, in combination with one or more additional pieces of information about the individual, consisting of the individual’s passport number, driver’s license or state identification number, insurance policy number, bank account number, credit card number, debit card number, passwords or personal identification numbers required to obtain access to the individual’s finances, or any other financial information as provided by rule. A Social Security number, in and of itself, constitutes personal information.

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.