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Can I use third-party file sharing tools that collect personal information in Montana? What are the requirements?
Using Third-Party File Sharing Tools that Collect Personal Information in Montana
If you are using third-party file sharing tools that collect personal information in Montana, you must ensure that the tool complies with Montana’s laws on the protection of personal information. Montana law requires requesters who receive personal information or highly restricted personal information to not sell or disclose the information, except for a use that is specifically permitted [2.1].
Additionally, if you are collecting personal information online from a website user in Montana, you must comply with the requirements of MTCO 2-17-552. This includes identifying who operates the website, providing contact information for the operator, and describing 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. 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 [5.1].
Therefore, before using any third-party file sharing tools that collect personal information, you should ensure that the tool complies with Montana’s laws on the protection of personal information and that you comply with MTCO 2-17-552 if you are collecting personal information online from a website user in Montana.
Source(s):
- [2.1] Sale or disclosure of personal information by recipient
- [5.1] Collection of personally identifiable information – requirements
Jurisdiction
Montana