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Can I store personal information about my customers in Montana? What are the requirements?

Yes, you can store personal information about your customers in Montana as long as you comply with the requirements outlined in Montana law. Here are the relevant requirements:

Protection of Personal Information

Montana law requires that each state agency that maintains personal information of an individual must develop procedures to protect the 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]. The procedures must include 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].

Personal Information Used for Marketing Purposes

Montana law restricts the use or disclosure of personal information for marketing purposes [2.1]. A licensee may not use or disclose personal information for a marketing purpose, except as permitted in the law [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 [2.1]. 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 [2.1]. 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]. 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 [2.1]. A licensee may disclose to an affiliate that is not a licensee personal information, excluding medical record information, that is reasonably necessary to enable the affiliate to market financial products and services [2.1]. 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]. A licensee may disclose personal information that is reasonably necessary to enable a person contractually engaged to provide services for or on behalf of the licensee to market insurance or financial products or services if the person agrees in writing that the person will not use or further disclose information obtained or developed pursuant to the engagement except to carry out the limited purpose of the engagement [2.1]. A licensee shall adopt and maintain policies and procedures reasonably designed to ensure that third parties with whom the licensee contracts under this subsection comply with the requirements of this section [2.1]. A licensee may use or disclose personal information for purposes other than those specified in the law only with an individual’s written authorization [2.1].

Permitted Disclosure of Personal Information

Montana law permits the disclosure of personal information, excluding highly restricted personal information, from a motor vehicle record to a person who represents that the use of the personal information will be limited to specific uses [3.1]. These specific uses include, but are not limited to, verifying the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors, obtaining correct information for the purposes of preventing fraud by pursuing legal remedies against or recovering on a debt or security interest against the individual, use in a civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self-regulatory body, investigation of claims, antifraud activities, ratemaking, underwriting, obtaining or verifying information relating to a holder of a commercial driver’s license required under federal or state law, conducting research activities and producing statistical reports and journalistic articles as long as the personal information is not published, disclosed to a third party, or used to contact individuals, providing notice to the owners of towed, abandoned, or impounded vehicles, use by any licensed private investigative agency or licensed security service for any purpose provided under this section, 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, removal of nonowner records from the original owner records of motor vehicle manufacturers, and 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 [3.1].

Sale or Disclosure of Personal Information by Recipient

A requester who receives personal information or highly restricted personal information pursuant to Montana law may not sell or disclose the information, except for a use that is specifically permitted in the law [3.2]. A requester who sells or discloses personal information or highly restricted personal information to a third party under this section shall create and maintain records for a period of not less than 5 years from the date of the sale or disclosure [3.2]. The records must show the name, address, telephone number, and any other identifying information required by the department of the third party who bought or received the information and must document the permitted use for which the information was obtained [3.2].

Based on the above information, you can store personal information about your customers in Montana as long as you comply with the requirements outlined in Montana law.

Source(s):
Jurisdiction

Montana