Montana Code 30-14-2814. Data protection assessment
30-14-2814. (Effective October 1, 2024) Data protection assessment. (1) A controller shall conduct and document a data protection assessment for each of the controller’s processing activities that presents a heightened risk of harm to a consumer. For the purposes of this section, processing that presents a heightened risk of harm to a consumer includes:
Terms Used In Montana Code 30-14-2814
- Consumer: means an individual who is a resident of this state. See Montana Code 30-14-2802
- Controller: means an individual who or legal entity that, alone or jointly with others, determines the purpose and means of processing personal data. See Montana Code 30-14-2802
- De-identified data: means data that cannot be used to reasonably infer information about or otherwise be linked to an identified or identifiable individual or a device linked to the individual if the controller that possesses the data:
(a)takes reasonable measures to ensure that the data cannot be associated with an individual;
(b)publicly commits to process the data in a de-identified fashion only and to not attempt to re-identify the data; and
(c)contractually obligates any recipients of the data to satisfy the criteria set forth in subsections (11)(a) and (11)(b). See Montana Code 30-14-2802
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Personal data: means any information that is linked or reasonably linkable to an identified or identifiable individual. See Montana Code 30-14-2802
- processing: means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data. See Montana Code 30-14-2802
- Profiling: means any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. See Montana Code 30-14-2802
- Sale of personal data: means the exchange of personal data for monetary or other valuable consideration by the controller to a third party. See Montana Code 30-14-2802
- Sensitive data: means personal data that includes:
(a)data revealing racial or ethnic origin, religious beliefs, a mental or physical health condition or diagnosis, information about a person's sex life, sexual orientation, or citizenship or immigration status;
(b)the processing of genetic or biometric data for the purpose of uniquely identifying an individual;
(c)personal data collected from a known child; or
(d)precise geolocation data. See Montana Code 30-14-2802
- Targeted advertising: means displaying advertisements to a consumer in which the advertisement is selected based on personal data obtained or inferred from that consumer's activities over time and across nonaffiliated internet websites or online applications to predict the consumer's preferences or interests. See Montana Code 30-14-2802
(a)the processing of personal data for the purposes of targeted advertising;
(b)the sale of personal data;
(c)the processing of personal data for the purposes of profiling in which the profiling presents a reasonably foreseeable risk of:
(i)unfair or deceptive treatment of or unlawful disparate impact on consumers;
(ii)financial, physical, or reputational injury to consumers;
(iii)a physical or other form of intrusion on the solitude or seclusion or the private affairs or concerns of consumers in which the intrusion would be offensive to a reasonable person; or
(iv)other substantial injury to consumers; and
(d)the processing of sensitive data.
(2)(a) Data protection assessments conducted pursuant to subsection (1) must identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller, the consumer, other stakeholders, and the public against the potential risks to the rights of the consumer associated with the processing as mitigated by safeguards that may be employed by the controller to reduce these risks.
(b)The controller shall factor into any data protection assessment the use of de-identified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed.
(3)(a) The attorney general may require that a controller disclose any data protection assessment that is relevant to an investigation conducted by the attorney general, and the controller shall make the data protection assessment available to the attorney general.
(b)The attorney general may evaluate the data protection assessment for compliance with the responsibilities set forth in this part.
(c)Data protection assessments are confidential and are exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552.
(d)To the extent any information contained in a data protection assessment disclosed to the attorney general includes information subject to attorney-client privilege or work product protection, the disclosure may not constitute a waiver of the privilege or protection.
(4)A single data protection assessment may address a comparable set of processing operations that include similar activities.
(5)If a controller conducts a data protection assessment for the purpose of complying with another applicable law or regulation, the data protection assessment must be considered to satisfy the requirements established in this section if the data protection assessment is reasonably similar in scope and effect to the data protection assessment that would otherwise be conducted pursuant to this section.
(6)Data protection assessment requirements must apply to processing activities created or generated after January 1, 2025, and are not retroactive.