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In the state of Montana, a business that suffers a data breach must investigate the likelihood that personal information will be compromised. Affected Montana residents must be notified of the breach as soon as possible by mail, telephone, or email. If
the security breach affects more than 500,000 people, or the cost of notification exceeds $250,000, businesses can use public service announcements to fulfill notification requirements.
Name of Law / Statute
Impediment of Identity Theft
Definition of Protected Information
More expansive Standard PI definition that includes signature, address, or telephone # in combo with standard items (drivers' license, cc or dc #s, passport, etc.); includes insurance policy number and SSN alone [Standard definition:
Combination of (1) name or other identifying info, PLUS (2) one or more of these "data" elements: SSN; driver's license number; or account number, credit card number, debit card number if accompanied by PIN, password,
or access codes]
Who Is Subject to Law?
Any person or business conducting business in the state who licenses or owns PI
Notification of Consumers?
By what means?
Written, phone, or electronic
Substitute Notice Threshold?
If cost of notice >$250,000 or involves >500k residents
Notification of authorities / regulators required?
Up to $10k/violation (for willful violations)
Credit monitoring requirement?
No, but must coordinate with credit agency on behalf of consumers
Private lawsuits allowed?
Private damages cap?
Regulatory actions allowed?
HIPAA Compliance exemption?
Other (e.g., timeframe)
Law does not apply if PI was encrypted
Link to complete law
Read the full text of Montana’s data breach law.