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Can I skip obtaining consent to sell personal information in Montana? What are the requirements?

Selling Personal Information in Montana

Montana law prohibits the disclosure and use of personal information contained in Montana motor vehicle records, except when that use may be authorized by law [2.5]. Therefore, you cannot sell personal information in Montana without obtaining consent or authorization by law.

Requirements for Disclosure of Personal Information

The Montana Code Annotated provides specific uses for the permitted disclosure of personal information, excluding highly restricted personal information [2.1]. These uses include:

  1. In the normal course of business by a legitimate business or its agents, employees, or contractors, but only to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors, and if the submitted information is not correct or is no longer correct, to obtain the correct information for the purposes of preventing fraud by pursuing legal remedies against or recovering on a debt or security interest against the individual.
  2. By 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, including the service of process, an investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of any court.
  3. 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 arising under insurance policies.
  4. By 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.
  5. To conduct research activities and produce statistical reports and journalistic articles as long as the personal information is not published, disclosed to a third party, or used to contact individuals.
  6. To provide notice to the owners of towed, abandoned, or impounded vehicles.
  7. For use by any licensed private investigative agency or licensed security service for any purpose provided under this section.
  8. For use in activities pertaining to motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers.
  9. For 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.
  10. For any use by a requester who demonstrates to the department that the requester has obtained the express consent of the person to whom the information pertains.

Highly restricted personal information can only be disclosed for specific purposes, including law enforcement purposes, by court order, or with the express consent of the person to whom the information pertains [2.3].

Conclusion

In conclusion, you cannot skip obtaining consent to sell personal information in Montana. The Montana Code Annotated provides specific uses for the permitted disclosure of personal information, excluding highly restricted personal information. Highly restricted personal information can only be disclosed for specific purposes, including law enforcement purposes, by court order, or with the express consent of the person to whom the information pertains.

Source(s):
Jurisdiction

Montana