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Can I avoid having a data breach response plan in Montana? What are the requirements?

Data Breach Response Plan Requirements in Montana

Montana law requires any person or business that conducts business in Montana and that owns or licenses computerized data that includes personal information to disclose any breach of the security of the data system following discovery or notification of the breach to any resident of Montana whose unencrypted personal information was or is reasonably believed to have been acquired by an unauthorized person [2.1]. 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 [2.1].

Additionally, state agencies, third parties, licensees, and insurance-support organizations that maintain computerized data containing personal information are required to develop and maintain an information security policy and breach notification procedures [1.1][3.1]. If a breach of security occurs, the entity must make reasonable efforts to notify any person whose unencrypted personal information was or is reasonably believed to have been acquired by an unauthorized person without unreasonable delay [1.1][3.1]. Notification may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation and requests a delay of notification [1.1][3.1]. The notification required by this section must be made after the law enforcement agency determines that the notification will not compromise the investigation [1.1][3.1].

Therefore, it is not possible to avoid having a data breach response plan in Montana if you are a state agency, third party, licensee, or insurance-support organization that maintains computerized data containing personal information. Any person or business that is required to issue a notification pursuant to this section 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 consumer protection office, excluding any information that personally identifies any individual who is entitled to receive notification [2.1].

Source(s):
Jurisdiction

Montana