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Can I collect personal information from participants in Montana? What are the requirements?

Collecting Personal Information in Montana

If you are planning to collect personal information from participants in Montana, you must comply with the Montana Code Annotated (MCA) regarding the protection of personal information.

The MCA requires that each state agency that maintains personal information of an individual must develop procedures to protect the personal information while enabling the state agency to use the personal information as necessary for the performance of its duties under federal or state law [1.1]. The procedures must include measures to eliminate the unnecessary use of personal information, identify the person or state agency authorized to have access to personal information, restrict access to personal information by unauthorized persons or state agencies, identify circumstances in which redaction of personal information is appropriate, dispose of documents that contain personal information in a manner consistent with other record retention requirements applicable to the state agency, eliminate the unnecessary storage of personal information on portable devices, and protect data containing personal information if that data is on a portable device [1.1].

If you are not a state agency, you must comply with the Montana Code Annotated (MCA) regarding the permitted disclosure of personal information. The MCA allows the disclosure of personal information, excluding highly restricted personal information, from a motor vehicle record to a person who represents that the use of the personal information will be limited to specific uses [3.1]. The specific uses include, but are not limited to, the normal course of business by a legitimate business or its agents, employees, or contractors, a party in interest, or the agent of a party in interest, in a civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self-regulatory body, an insurer or insurance-support organization or a self-insured entity or its agents, employees, or contractors, an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license required under federal or state law, and any other use that is specifically related to the operation of a motor vehicle or to public safety and that is authorized by state law [3.1].

If you are collecting highly restricted personal information, you must comply with the MCA regarding the permitted disclosure of personal information. The MCA allows the disclosure of highly restricted personal information from a motor vehicle record to a federal, state, or local government agency, including a court or a law enforcement agency, and any individual acting on behalf of the agency in carrying out its functions, including representatives of the news media for a legitimate law enforcement purpose, as determined by the department, or a person, organization, or entity, upon the express consent of the person to whom the information pertains [3.4].

If you are collecting personal information for voter registration purposes, you must comply with the Montana Administrative Rules (MTAR) regarding voter registration application information requirements [2.1]. An applicant for voter registration must provide all required information on the voter registration application, and county election officials shall enter the information from each completed voter registration application into the statewide voter registration system as provided in this chapter [2.1]. An election official processing and entering the information from an application for voter registration into the statewide voter registration system shall ensure the numbers or information provided remain accessible only by county or state election officials in the discharge of their official duties and, when applicable, by the authorized staff of the Office of the Secretary of State [2.1].

Conclusion

If you are planning to collect personal information from participants in Montana, you must comply with the Montana Code Annotated (MCA) regarding the protection of personal information and the permitted disclosure of personal information. If you are not a state agency, you must limit the use of personal information to specific uses as outlined in the MCA. If you are collecting highly restricted personal information, you must obtain express consent from the person to whom the information pertains. If you are collecting personal information for voter registration purposes, you must comply with the Montana Administrative Rules (MTAR) regarding voter registration application information requirements.

Source(s):
Jurisdiction

Montana