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

Using Third-Party Email Marketing Tools that Collect Personal Information in Montana

Yes, you can use third-party email marketing tools that collect personal information in Montana, but you must comply with the state’s laws and regulations regarding the protection of personal information.

Under MTCO 2-6-1502, each state agency that maintains personal information 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 [1.1].

Furthermore, MTCO 61-11-515 prohibits the sale or disclosure of personal information or highly restricted personal information received pursuant to 61-11-507, 61-11-508, 61-11-509, or 61-11-510, 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, the requester 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. The records must be produced or made available for inspection at the request of the department [3.1].

Additionally, MTCO 33-19-307 restricts the use or disclosure of personal information for marketing purposes, unless permitted under the section. 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. 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. 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. 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. 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. 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. 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].

Conclusion

To summarize, you can use third-party email marketing tools that collect personal information in Montana, but you must comply with the state’s laws and regulations regarding the protection of personal information. You must ensure that the tools comply with the state’s laws and regulations regarding the protection of personal information. You must also ensure that any personal information collected is not sold or disclosed to third parties except for a use that is specifically permitted by law. Additionally, you must create and maintain records of any sale or disclosure of personal information for a period of not less than 5 years from the date of the sale or disclosure. Finally, you must comply with MTCO 33-19-307 when using personal information for marketing purposes [1.1][2.1][3.1].

Source(s):
Jurisdiction

Montana