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Can I ignore my obligations as a service provider with access to personal information in Montana? What are the requirements?
Based on the information provided in the context documents, as a service provider with access to personal information in Montana, you cannot ignore your obligations to protect personal information. Montana law requires state agencies to develop procedures to protect 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]. Additionally, if you are a licensee, you must exercise appropriate due diligence in selecting your service providers and require them to implement appropriate measures designed to meet the objectives of the rule [4.1].
To comply with Montana law, you must develop procedures to protect personal information, including 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 a licensee, you must also require your service providers to implement appropriate measures designed to meet the objectives of the rule and take appropriate steps to confirm that your service providers have satisfied these obligations [4.1].
Failure to comply with Montana law may result in penalties and legal action. Therefore, it is important to ensure that you are in compliance with all applicable laws and regulations.
[2.1] provides information on the removal of protection of confidential information and the return of such information to the provider. [3.1] discusses the liability of operator service providers and the penalties for charging customers more than the allowable rate. [5.1] outlines the requirements for access to recorded personal information.
Therefore, to answer your question, you cannot ignore your obligations as a service provider with access to personal information in Montana. You must develop procedures to protect personal information and require your service providers to implement appropriate measures. Failure to comply with Montana law may result in penalties and legal action.
Source(s):
- [1.1] Protection of personal information – compliance – extensions
- [2.1] CONFIDENTIAL INFORMATION–REMOVAL OF PROTECTION, RETURN TO PROVIDER
- [3.1] Operator service provider liability – penalty – costs and fees entitlement – jurisdiction
- [4.1] OVERSEE SERVICE PROVIDER ARRANGEMENTS
- [5.1] Access to recorded personal information
Jurisdiction
Montana