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Can I share personal information about my customers with third parties in Montana? What are the requirements?

Sharing Personal Information of Customers with Third Parties in Montana

Based on the Montana Code Annotated, sharing personal information about customers with third parties in Montana is subject to certain requirements.

Permitted Disclosure of Personal Information

Personal information may be disclosed to a third party in Montana if the requester has obtained express consent from the person to whom the information pertains or if the disclosure is permitted or required by law [3.4]([3.4]).

Personal Information Used for Marketing Purposes

A licensee may not use or disclose personal information for a marketing purpose, except as permitted by law [2.1]([2.1]). 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 disclose personal information that is reasonably necessary to enable an affiliate that is not a licensee to market insurance products and services. Disclosures under this subsection may be made only with a written agreement with the affiliate that the affiliate will not further disclose the information and will use it only for marketing insurance or financial products and services [2.1]([2.1]).

Prerequisites to Disclosure

Prior to the disclosure of personal information, the requester must complete and submit an application, identifying the requester and specifying the statutorily recognized uses for which the personal information is being sought. The requester must also provide identification acceptable to the department and pay the appropriate fees. The department shall ensure that fees established by policy or contract recover the department’s cost and expenses and include an additional amount necessary to compensate the department for costs associated with developing and maintaining the database from which information is requested [3.5]([3.5]).

Exceptions to Disclosure

There are certain exceptions to the disclosure of personal information, such as when the disclosure is made for a specific purpose, such as in the normal course of business by a legitimate business or its agents, employees, or contractors, or by an insurer or insurance-support organization or a self-insured entity or its agents, employees, or contractors, in connection with the investigation of claims, antifraud activities, ratemaking, or underwriting [3.2]([3.2]).

Therefore, sharing personal information about customers with third parties in Montana is subject to certain requirements, including obtaining express consent from the person to whom the information pertains, complying with the prerequisites to disclosure, and adhering to the exceptions to disclosure.

Note that this response is based on the provided context documents and may not be exhaustive or applicable to all situations.

Source(s):
Jurisdiction

Montana