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

Requirements for Collecting Server Log Information from Participants in Montana

Based on the provided context documents, the requirements for collecting server log information from participants in Montana are not explicitly stated. However, we can provide some general guidance on the collection of data in Montana.

Under Montana law, the collection of personally identifiable information online from a website user is subject to certain requirements outlined in MTCO 2-17-552 [1.1]. The website operator must ensure that the website identifies who operates the website, provides the address and telephone number at which the operator may be contacted as well as an electronic means for contacting the operator, and generally describes the operator’s information practices, including policies to protect the privacy of the user and the steps taken to protect the security of the collected information.

In addition, if the personally identifiable information may be used for a purpose other than the express purpose of the website or may be given or sold to a third party, except as required by law, then the operator shall ensure that the website includes a clear and conspicuous notice to the user that the information collected could be used for other than the purposes of the website, a general description of the types of third parties that may obtain the information, and a clear, conspicuous, and easily understood online procedure requiring an affirmative expression of the user’s permission before the information is collected [1.1].

It is important to note that Montana law also regulates the dissemination of criminal history record information that is not public criminal justice information [2.1]. Criminal history record information may not be disseminated to agencies other than criminal justice agencies unless certain conditions are met, such as the information being disseminated with the consent or at the request of the individual about whom it relates according to procedures specified in MTCO 44-5-214 and 44-5-215 [2.1].

Furthermore, Montana law requires each agency’s information technology plan to include a statement of the agency’s mission, goals, and objectives for information technology, including a discussion of how the agency uses or plans to use information technology to provide mission-critical services to Montana citizens and businesses [1.2]. The plan must also establish the strategic direction for how state agencies will develop and use information technology resources to provide state government services [1.3].

In summary, while the requirements for collecting server log information from participants in Montana are not explicitly stated, website operators should ensure compliance with the requirements for collecting personally identifiable information online from a website user outlined in MTCO 2-17-552. Additionally, the dissemination of criminal history record information is subject to certain conditions, and state agencies must have an information technology plan that establishes the strategic direction for how state agencies will develop and use information technology resources to provide state government services.

Therefore, it is recommended that website operators consult with legal counsel to ensure compliance with all applicable laws and regulations.

If you have any further questions, please feel free to ask.

Source(s):
Jurisdiction

Montana