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Can I use third-party analytics tools on my website in Montana? What are the requirements?
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Third-Party Analytics Tools on Websites in Montana
If you are a government website operator in Montana, you may collect personally identifiable information online from a website user only if you comply with the provisions of MTCO 2-17-552 [1.1]. You must generally describe your information practices, including policies to protect the privacy of the user and the steps taken to protect the security of the collected information. If the personally identifiable information may be used for a purpose other than the express purpose of the website or may be given or sold to a third party, except as required by law, then you must ensure that the website includes a clear and conspicuous notice to the user that the information collected could be used for other than the purposes of the website, a general description of the types of third parties that may obtain the information, and a clear, conspicuous, and easily understood online procedure requiring an affirmative expression of the user’s permission before the information is collected.
For utilities in Montana, energy use data is private and confidential and may not be disclosed by a utility, except as specifically required by law [2.1]. Energy use data from an advanced metering device must be sufficiently secured so that the data cannot be intercepted by a person other than a utility. A utility may disclose aggregated energy use data that is anonymous. A utility shall make energy use data collected from an advanced metering device available to a customer or to a customer’s designee upon request of the customer [2.1].
If you are an electric or natural gas utility in Montana, you must provide customers with the option to remove an installed advanced metering device and replace it with an alternative meter approved by the commission, or to decline installation of an advanced metering device and retain the existing meter, as guided by a cost-based opt-out service tariff [3.1]. Prior to installation of an advanced metering device, the utility shall give written notice to the customer at least 60 days in advance. Such notice shall clearly describe the opt-out process available to the customer [3.1].
If you are a utility in Montana seeking to allow customers to opt-in to the installation of all advanced metering gateway devices located at an end user’s residence or business, you may charge customers who opt in to advanced metering gateway device installation additional fees or charges related to the installation [2.2].
Conclusion
Based on the context documents, there are no specific requirements for using third-party analytics tools on websites in Montana. However, if you collect personally identifiable information online from a website user, you must comply with the provisions of MTCO 2-17-552. If you are a utility in Montana, you must provide customers with the option to remove an installed advanced metering device and replace it with an alternative meter approved by the commission, or to decline installation of an advanced metering device and retain the existing meter, as guided by a cost-based opt-out service tariff. Prior to installation of an advanced metering device, the utility shall give written notice to the customer at least 60 days in advance.
Source(s):
- [1.1] Collection of personally identifiable information – requirements
- [2.1] Meter security – data disclosure
- [3.1] ADVANCED METERING OPT-OUT PROVISIONS
- [2.2] Advanced metering gateway device opt-in provisions – rulemaking
Jurisdiction
Montana