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Can I avoid tracking unique users or website visitors in Montana? What are the requirements?

Montana Tracking Requirements

Montana has regulations in place regarding the tracking of personally identifiable information (PII) of users of internet services, online services, or websites. The Montana Code Annotated (MTCO) 2-17-551 defines PII as “individually identifiable information about an individual collected online, including: (a) a first and last name; (b) a residence or other physical address, including a street name and name of a city or town; (c) an e-mail address; (d) a telephone number; (e) a social security number; or (f) unique identifying information that an internet service provider or a government website operator collects and combines with any information described in subsections (6)(a) through (6)(e).”

Avoiding Tracking Unique Users

There is no explicit requirement in Montana law that prohibits tracking unique users or website visitors. However, the Montana Code Annotated (MTCO) 2-17-551 requires that any collection of PII must be done with the user’s knowledge and consent. Additionally, the Montana Department of Revenue requires that all licensees must have a seed-to-sale tracking system account activated and functional prior to operating or exercising any privileges of the license and must maintain an active account while licensed [1.1].

Other Relevant Requirements

  • Stakeholders must designate at least two authorized users within the healthcare facility, law enforcement agency, or crime laboratory to register for and maintain a sexual assault kit tracking system account [2.1].
  • A government website operator may not collect personally identifiable information online from a website user unless the operator complies with the provisions of MTCO 2-17-552 [3.1].
  • Billing aggregators and service providers must register on a form provided by the commission that is notarized and signed by two officers of the applicant [4.1].
  • The Montana Department of Public Health and Human Services requires that all medical marijuana providers must use an inventory tracking system [5.1].
  • Every itinerant vendor doing business without first obtaining a license as required by Montana law is guilty of a misdemeanor and shall be punished accordingly [6.1].
  • Each agency’s information technology plan must include but is not limited to the following: a statement of the agency’s mission, goals, and objectives for information technology, an explanation of how the agency’s mission, goals, and objectives for information technology support and conform to the state strategic information technology plan, a baseline profile of the agency’s current information technology resources and capabilities, an evaluation of the baseline profile that identifies real or potential deficiencies or obsolescence of the agency’s information technology resources and capabilities, a list of new projects and resources required to meet the objectives of the agency’s information technology plan, and any other information required by law or requested by the department, the governor, or the legislature [3.4].

Conclusion

Montana law does not prohibit tracking unique users or website visitors, but any collection of PII must be done with the user’s knowledge and consent. Additionally, there are other relevant requirements such as the need for authorized users to maintain a sexual assault kit tracking system account, registration requirements for billing aggregators and service providers, and the use of an inventory tracking system by medical marijuana providers.

Source(s):
Jurisdiction

Montana