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

Using Third-Party Social Media Tools that Collect Personal Information in Montana

Montana Code Annotated does not have a specific provision that prohibits the use of third-party social media tools that collect personal information. However, if a government website operator uses such tools, they must comply with the requirements of MTCO 2-17-552, including providing 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 [3.1].

Regarding the sale or disclosure of personal information, a requester who receives personal information or highly restricted personal information pursuant to MTCO 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 MTCO 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 under this section, the requester shall 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 [2.3].

Conclusion

In summary, Montana Code Annotated does not prohibit the use of third-party social media tools that collect personal information. However, if a government website operator uses such tools, they must comply with the requirements of MTCO 2-17-552. Additionally, if a requester receives personal information or highly restricted personal information pursuant to MTCO 61-11-507, 61-11-508, 61-11-509, or 61-11-510, they may not sell or disclose the information, except for a use that is specifically permitted in MTCO 61-11-507, 61-11-508, or 61-11-509, and must maintain records for a period of not less than 5 years [2.3][3.1].

Source(s):
Jurisdiction

Montana