Terms Used In Montana Code > Title 30 > Chapter 14 > Part 28 - Consumer Data Privacy Act

• Affiliate: means a legal entity that shares common branding with another legal entity or controls, is controlled by, or is under common control with another legal entity. See Montana Code 30-14-2802
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authenticate: means to use reasonable methods to determine that a request to exercise any of the rights afforded under 30-14-2808(1)(a) through (1)(e) is being made by, or on behalf of, the consumer who is entitled to exercise these consumer rights with respect to the personal data at issue. See Montana Code 30-14-2802
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Biometric data: means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, a voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that are used to identify a specific individual. See Montana Code 30-14-2802
• Child: means an individual under 13 years of age. See Montana Code 30-14-2802
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consent: means a clear affirmative act signifying a consumer's freely given, specific, informed, and unambiguous agreement to allow the processing of personal data relating to the consumer. See Montana Code 30-14-2802
• Consumer: means an individual who is a resident of this state. See Montana Code 30-14-2802
• Contract: A legal written agreement that becomes binding when signed.
• controlled: means :

  (a)ownership of or the power to vote more than 50% of the outstanding shares of any class of voting security of a company;

  (b)control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or

  (c)the power to exercise controlling influence over the management of a company. 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
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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

• Decisions that produce legal or similarly significant effects concerning the consumer: means decisions made by the controller that result in the provision or denial by the controller of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services, or access to necessities such as food and water. See Montana Code 30-14-2802
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• 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}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Identified or identifiable individual: means an individual who can be readily identified, directly or indirectly. See Montana Code 30-14-2802
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• 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
• Processor: means an individual who or legal entity that processes personal data on behalf of a controller. 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Pseudonymous data: means personal data that cannot be attributed to a specific individual without the use of additional information, provided the additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable individual. See Montana Code 30-14-2802
• Publicly available information: means information that:

  (a)is lawfully made available through federal, state, or municipal government records or widely distributed media; or

  (b)a controller has a reasonable basis to believe a consumer has lawfully made available to the public. 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

• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• 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
• Third party: means an individual or legal entity, such as a public authority, agency, or body, other than the consumer, controller, or processor or an affiliate of the controller or processor. See Montana Code 30-14-2802
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203