Can I use third-party collaboration tools that collect personal information in Montana? What are the requirements?

Yes, you can use third-party collaboration tools that collect personal information in Montana, but you must ensure that the tools comply with the requirements of the Montana Code Annotated.

Requirements for Collection of Personally Identifiable Information

According to MTCO 2-17-552, a government website operator may not collect personally identifiable information online from a website user unless the operator complies with the provisions of this section. The operator must ensure that the website identifies who operates the website, provides the address and telephone number at which the operator may be contacted as well as an electronic means for contacting the operator, and generally describes the operator’s information practices, including policies to protect the privacy of the user and the steps taken to protect the security of the collected information. In addition, 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 the operator shall 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.

Disclosure of Personal Information from Motor Vehicle Record Prohibited

According to MTCO 61-11-506, the department may not disclose personal information from a motor vehicle record unless the disclosure is permitted or required, as provided in 61-11-507, 61-11-508, or 61-11-509.

Permitted Disclosure of Personal Information, Excluding Highly Restricted Personal Information – Specific Uses

According to MTCO 61-11-509, the department may disclose 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 one or more of the following uses: (1) in the normal course of business by a legitimate business or its agents, employees, or contractors, but only: (a) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (b) 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 following arising under insurance policies: (a) the investigation of claims; (b) antifraud activities; (c) ratemaking; or (d) underwriting; (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: (a) motor vehicle or driver safety and theft; (b) motor vehicle emissions; (c) motor vehicle product alterations, recalls, or advisories; (d) performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and (e) 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; and (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.

Based on the above information, it is important to ensure that any third-party collaboration tools used in Montana comply with the requirements of the Montana Code Annotated. If you are unsure whether your tools comply with these requirements, you may want to consult with a legal professional.

Jurisdiction

Montana

• Privacy