Montana's Consumer Data Privacy Act (MCDPA), signed by Governor Greg Gianforte on May 19, 2023, took effect October 1, 2024. Montana is the ninth state to enact comprehensive privacy legislation. The MCDPA closely follows the Virginia CDPA model in most respects but has some notable distinctions: Montana's threshold is lower than most states at 50,000 consumers (compared to 100,000 in Virginia and Colorado), bringing more businesses into compliance scope. The law provides all standard consumer rights and classifies sensitive data broadly, requiring opt-in consent. Montana also requires data protection assessments for high-risk processing activities, aligning it with Colorado and Connecticut in this regard.
Residents of Montana have the following legally enforceable privacy rights under MCDPA:
Confirm whether a business processes your personal data and obtain a copy in portable format.
Request correction of inaccurate personal data held about you by covered businesses.
Request deletion of personal data you've provided or that has been collected about you.
Receive your personal data in a machine-readable, portable format to transfer to other services.
Prevent businesses from selling your personal data to third parties for commercial purposes.
Stop businesses from using your data to show you personalized ads based on your online behavior.
Opt out of automated decision-making used in significant decisions about credit, employment, or housing.
Businesses cannot penalize you with higher prices or reduced service for exercising your rights.
The MCDPA applies to controllers that conduct business in Montana or produce products or services targeted to Montana residents AND that during a calendar year control or process personal data of at least 50,000 consumers (excluding data processed solely for payment transactions), or control or process personal data of at least 25,000 consumers and derive more than 25% of gross revenue from the sale of personal data. The 50,000 consumer threshold is notably lower than Virginia (100,000) and Colorado (100,000).
Under MCDPA, the following categories are classified as sensitive personal data and require explicit opt-in consent before processing:
Racial or ethnic origin · Religious or philosophical beliefs · Mental or physical health diagnoses · Sexual orientation or gender identity · Citizenship or immigration status · Genetic or biometric data uniquely identifying a person · Personal data of known minors · Precise geolocation data (within 1,750 feet)
Under MCDPA, businesses must respond to consumer rights requests within 45 days of receipt. This may be extended by an additional 45 days with prior written notice explaining the reason for the delay. Businesses must also establish an internal appeals process for denied requests, with a response due within 60 days.
The Montana Attorney General has exclusive enforcement authority under the MCDPA. After a 60-day written notice and opportunity to cure, the AG may seek civil penalties up to $7,500 per violation. The cure period is available through December 31, 2024, after which cure is discretionary. Montana does not provide a private right of action.
To exercise your rights under MCDPA, contact the business through their official privacy portal (typically linked at the bottom of their website under "Privacy" or "Your Privacy Rights"). Clearly state:
1. That you are a Montana resident invoking rights under MCDPA
2. Your full name and contact information linked to your account
3. The specific right you are invoking (access, deletion, opt-out of sale, etc.)
4. The legal deadline for response (45 days)
If the company denies your request, you have the right to appeal. If the company does not respond or appeal fails, you may file a complaint with the Montana Attorney General's office.
| Term | Definition Under MCDPA |
|---|---|
| Personal Data | Any information linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. |
| Controller | A natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal data. |
| Processor | A natural or legal person that processes personal data on behalf of a controller (e.g., a cloud hosting vendor). |
| Sale of Personal Data | The exchange of personal data for monetary or other valuable consideration by the controller to a third party. |
| Targeted Advertising | Displaying ads selected based on personal data obtained from a consumer's activities across non-affiliated websites or applications. |
| Profiling | Automated processing to evaluate, analyze, or predict aspects of a consumer's economic situation, health, personal preferences, behavior, location, or movements. |