Montana residents would control sales of their electronic data

Montana residents would own electronic data created by or for them. Covered data would include messages, location records, and banking information. Anyone holding the data would have to hold it for the owner’s benefit. Data holders would need the owner’s clear consent to sell the data to others, including the federal government. Sellers would have to pay owners an amount reasonably tied to the data’s value and identify the buyer. Take-it-or-leave-it contracts could not require residents to give up data or accept token payment, including as a condition of using a product or service.

People and businesses holding residents’ data would face limits on giving it to the federal government. The limits would cover data created by or for Montana residents and sharing with federal bodies or people working on their behalf. Sharing would be allowed only in response to a court-issued subpoena or search warrant, or to comply with federal law. Notice could be delayed for up to one year if a warrant or investigative subpoena included a court order keeping it secret. The court would need reason to believe notice could threaten someone’s safety, hinder an investigation, or unduly delay a trial. Notice would be due before or at the same time as sharing, unless a qualifying court order allowed a delay.

Data holders would permanently delete a deceased resident’s electronic data unless the owner had chosen someone to keep access and take ownership. Ownership would not pass automatically under inheritance rules used when someone dies without a will. The owner would have to choose the recipient during their lifetime. That choice could not be made through a take-it-or-leave-it contract. The deletion deadline would apply whether or not the owner left a will.

People whose data was sold or improperly shared in violation of the proposed rules could sue the responsible person or business. Individual lawsuits would cover sales or improper sharing that violated the rules. Public officials could act to enforce the proposed data ownership rules. A court could award compensation, orders to remedy the violation, and reasonable lawyer fees. Montana’s attorney general or a county attorney could seek orders enforcing the rules, damages meant to punish violations, and reasonable lawyer fees.