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Can I sell personal information without obtaining consent in Montana? What are the requirements?

Selling Personal Information in Montana

Based on the Montana Code Annotated, selling personal information without obtaining consent is generally prohibited in Montana [2.1][2.4]. However, there are some exceptions where personal information may be disclosed for specific purposes [2.1].

Permitted Disclosure of Personal Information

Personal information may be disclosed to a person, organization, or entity upon the express consent of the person to whom the information pertains [2.1].

Prerequisites to Disclosure

The requester must complete and submit an application, identifying the requester and specifying the statutorily recognized uses for which the personal information or highly restricted personal information is being sought. The department shall require the requester to provide identification acceptable to the department. The department shall collect the appropriate fees paid by the requester and shall determine the amount of the fees in accordance with the law [2.1][3.1].

Personal Information Used for Marketing Purposes

The use or disclosure of personal information for marketing purposes is restricted, except as permitted in the section. A licensee may use or disclose to another licensee personal information that is reasonably necessary to enable the licensee to market insurance products or services. A licensee may use or disclose to another licensee personal information, excluding medical record information, that is reasonably necessary to enable the licensee to market financial products and services. A licensee that receives personal information under this section from a disclosing licensee may not further disclose the information or use the information for any purpose other than marketing insurance and financial products and services [2.1].

Requirements for Obtaining Personal Information

The requester must complete an application, provide identification acceptable to the department, and pay the appropriate fees [2.1][3.1].

Based on the above, it is generally prohibited to sell personal information without obtaining consent in Montana. However, there are some exceptions where personal information may be disclosed for specific purposes. Additionally, there are requirements for obtaining personal information, including completing an application and paying fees.

Source(s):
Jurisdiction

Montana