Montana Governor Signs Big Sky’s Privacy Law

Montana now joins a growing list of states to have a comprehensive privacy law. The law was signed by the governor on May 19, 2023 and will go into effect October 24, 2024. This is before some Iowa (effective January 1, 2025) and Indiana (effective January 1, 2026), which pre-dated it in passage.

The law will apply to those that do business in Montana and either: (1) control or process personal data of at least 50,000 state residents; or (2) derive over 25% of gross revenue from the sale of personal data and control or process personal data of 25,000 or more state residents. As with other laws (outside of California), Montana has a long list of exemptions, including entities covered by HIPAA or GLBA. It also does not cover employee information. Key provisions include:

Putting It Into Practice: Companies now have another state’s law to add to their list for provision of privacy rights and to address from a contractual standpoint. The threshold for applicability is lower in Montana than others, something to keep in mind prior to the October 2024 effective date.

Kathryn Smith also contributed to this article. 

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National Law Review, Volumess XIII, Number 144