SB 118 gives Montana students and parents the right to request deletion of their education data from the statewide K-12 data system. It requires the state education office to delete data within 45 days of a verified request, unless retention is needed for federal/state funding, contracts, or legal orders. The bill mandates accessible request methods (online, mail, email) without requiring account creation and requires annual reporting on deletions. It also updates data system rules to align with privacy standards, including prohibiting social security numbers as student identifiers.
Senate Bill 413 creates the crime of "disclosing explicit synthetic media," also known as deepfakes, directly affecting individuals who create or share AI-generated content and protecting those falsely depicted. The bill makes it an offense to knowingly share synthetic media portraying an identifiable person engaged in sexual conduct or depicting intimate body parts without their consent, if it would cause substantial emotional distress. It also criminalizes disclosing such media with intent to harass or threaten, or possessing and threatening to disclose it for extortion. Penalties include fines and jail time, with increased penalties for repeat offenses or if the depicted person is under 18, though exceptions exist for reporting crimes, research, or legal proceedings.
HB 271 revises laws concerning executive exemptions to public records requests, aiming to replace a common law privilege with a statutory framework. It allows the Governor to assert a limited executive exemption for specific information only when their individual privacy interest clearly outweighs the merits of public disclosure, requiring the exemption to be narrowly tailored. The bill defines "confidential information" restrictively and sets a maximum duration of 60 days for an exemption to last. Additionally, it requires the award of costs and reasonable attorney fees to a prevailing party in public records litigation.
SB 25 regulates the use of artificial intelligence (AI) generated content, specifically "deepfakes," in election communications within Montana. It prohibits individuals, political entities, and corporations from distributing deepfakes of candidates or political parties in election communications within 60 days before an election. This prohibition applies unless the communication includes a clear disclosure stating that the content has been significantly edited by AI and depicts false speech or conduct. The bill outlines specific formatting requirements for this disclosure across various media, including print, television, and internet communications. It also provides for injunctive relief, damages, and penalties for violations.
HB 631 revises student data privacy laws by amending the definition of "K-12 school purposes" in Section 20-7-1324, MCA. This change means that the existing data privacy protections for K-12 online applications will no longer apply to courses taken for postsecondary (college) credit. It also excludes work-based learning courses from these specific K-12 data privacy regulations. This bill aims to remove barriers to postsecondary opportunities by clarifying which educational activities fall under K-12 online application privacy rules.
