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

Here is the response to your query:

Use of Third-Party Customer Service Tools in Montana

If you plan to use third-party customer service tools that collect personal information in Montana, you must comply with the state’s laws and regulations regarding the protection of personal information.

According to [MTCO 2-6-1502], 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. 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.

Furthermore, [MTCO 61-11-515] states that a requester who receives personal information or highly restricted personal information pursuant to 61-11-507, 61-11-508, 61-11-509, or 61-11-510 may not sell or disclose the information, except for a use that is specifically permitted in 61-11-507, 61-11-508, or 61-11-509. If a requester sells or discloses personal information or highly restricted personal information to a third party, they must create and maintain records for a period of not less than 5 years from the date of the sale or disclosure. 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.

In addition, [MTAR 38.5.3901] requires that a telecommunications carrier or other entity that is neither the customer’s selected provider of local exchange service nor selected provider of interexchange service may not initiate the placement on a customer’s telecommunications bill of charges for services or products except when the telecommunications provider or other entity initiating the placement of charges has obtained the customer’s written or electronic signature authorization in a form that meets the letter of agency form and content requirements.

Disclosure of Personal Information from Motor Vehicle Record

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.

Conclusion

Based on the above laws and regulations, if you plan to use third-party customer service tools that collect personal information in Montana, you must ensure that you have obtained the necessary authorization from the customer and that you are not selling or disclosing the information to any third party without the customer’s consent. You must also maintain records of any sale or disclosure of personal information for a period of not less than 5 years. Additionally, if you plan to collect personal information from a motor vehicle record, you must ensure that the disclosure is permitted or required by law.

Jurisdiction

Montana

• Privacy