Technology (Data Privacy)

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 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 124 revises electronic license privacy law in Montana. It clarifies that displaying an electronic driver's license on a device or handing the device to a peace officer does not grant consent for the officer to search or seize that electronic device. This bill directly affects individuals who use electronic driver's licenses and law enforcement officers, establishing a clear boundary for device privacy during traffic stops or similar interactions.

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.