HB 10 appropriates over $39 million for various information technology (IT) capital projects across multiple state agencies for the biennium ending June 30, 2027. It transfers funds from the general fund to the Long-Range Information Technology Program (LRITP) account to support these initiatives. The bill funds projects such as cybersecurity enhancements, system modernizations, and new business applications for departments like Administration, Corrections, and Public Health and Human Services. All funded projects require approval from the chief information officer and budget director for their design, implementation, and data security plans, emphasizing safeguards against unauthorized access and promoting data sharing among agencies.
SB 453, the "Electronic Data Ownership Act," would establish that electronic data created by Montana residents belongs to them personally, requiring entities holding such data to hold it in trust. It prohibits selling this data to the federal government without the resident’s explicit consent and restricts disclosure to federal authorities except under specific legal orders (like subpoenas), requiring notice to the individual unless court-ordered delays apply. The bill also mandates actual payment for data sales, bans unfair contract terms forcing data forfeiture, and prohibits inheriting data upon death without prior election. The bill died in committee in May 2025 and did not become law.
SB 452 would require online media manufacturers (not government entities) to disclose when artificial intelligence curates or controls content users see and provide an opt-out option. It mandates visible markers on AI-generated content - like watermarks or labels - to alert users, even if original markers are removed. The bill defines "artificial intelligence" as systems that mimic human behavior to shape information flow and specifies "markers" as clear visual or audio disclosures. The bill died in committee in May 2025 and is not law.
HB 513 establishes property rights for individuals in their name, voice, and likeness, making these rights transferable and descendible for a period after their death. The bill prohibits the unauthorized creation, distribution, or use of digital voice replicas or digital depictions of an individual. Those who violate these provisions may face significant financial penalties, including actual damages and profits from the unauthorized use. However, the bill includes exceptions for uses like news reporting, commentary, criticism, scholarship, satire, or parody.
HB 255 revises Montana's data privacy rules for K-12 student records held by third-party educational technology providers (like apps or cloud services). It requires school districts to include specific privacy protections in contracts with these vendors, such as prohibiting the use of student data for targeted advertising, ensuring data security, and guaranteeing students or parents can access or correct their records. The bill also allows schools to adopt pre-approved model contracts from privacy-focused consortia to simplify compliance. These changes directly affect school districts, educational tech companies, and students whose data is stored or managed through digital platforms.
HB 599 revises parental rights concerning data collection and health screenings for children within schools. It establishes that parents can opt-out of school evaluations, surveys, or data collection that does not require personally identifiable information, and must opt-in for those that do. The bill requires schools to notify parents about any physical or mental health screenings or surveys, allowing parents to opt their child out, and to inform parents of any resulting issues. Furthermore, it mandates parental consent for biometric scans, certain audio/video recordings, and specific school trip accommodations. It also prohibits government entity employees from withholding relevant health information from parents.
SB 163 revises Montana's Genetic Information Privacy Act by expanding its scope to include neurotechnology data. The bill extends privacy protections to information concerning an individual's central or peripheral nervous system activity, such as brain data, collected by various devices. It adds new definitions for neurotechnology and neurotechnology data, and revises provisions related to privacy notices and exceptions. The intent is to safeguard consumers' sensitive neurotechnology data, particularly when collected by non-invasive devices outside of medical settings. This aims to provide similar privacy protections for neurotechnology data as currently exist for genetic data.
SB 282 revises state and local government's ability to obtain and use electronic communications and data from electronic devices. The bill prohibits governmental entities from purchasing various types of electronic data, such as geolocation or sensitive data, without a search warrant or investigative subpoena. It generally requires a search warrant to obtain stored data from an electronic device or to compel disclosure of electronic communications from service providers, though exceptions exist for situations like owner consent or emergencies. Evidence obtained in violation of these provisions would be inadmissible, and collected communications must be deleted after the conclusion of criminal proceedings.
SB 297 generally revises privacy laws, affecting consumers and entities that collect personal data. The bill requires these "controllers" to notify consumers when their information has been collected and to provide an opt-out option for consumers. It also mandates that controllers issue privacy notices and outlines their specific duties regarding data handling. Additionally, the Attorney General is required to post information about consumer privacy rights and responsibilities online.
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.