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Montana data breach notification law

Montana's data breach notification requirements under Mont. Code §§30-14-1701 to 30-14-1736. Below: the resident-notification deadline, AG/regulator filing threshold, the encryption safe harbor, private right of action exposure, penalty schedule, and the common pitfalls that turn an avoidable incident into a regulator enforcement action.

Statute
Mont. Code §§30-14-1701 to 30-14-1736
Enforcer
Montana Department of Justice (AG) — Office of Consumer Protection
AG notification
Required
Private right of action
Yes — residents can sue

Notification deadlines

Notify affected residents
Without unreasonable delay
Notify the state regulator
Yes — written notice to the AG simultaneously with consumer notice
Notify consumer reporting agencies
Yes — if more than 1,000 residents, notify nationwide CRAs

When is notification required?

Trigger / harm threshold
Notification required when the breach materially compromises the security, confidentiality or integrity of PI and causes or is reasonably likely to cause loss or injury
Encryption safe harbor
Yes — properly encrypted personal information is generally exempt from notification, provided the encryption key was not also compromised.

What counts as "personal information" under Montana law

First name/initial + last name with SSN, DL/state ID, account number/credit/debit + access code, medical info, taxpayer ID

Penalties and enforcement

Civil enforcement by AG; private right of action under Montana Consumer Protection Act
Enforced by: Montana Department of Justice (AG) — Office of Consumer Protection. Official regulator page →

Common pitfalls

⚠ AG notice must be SIMULTANEOUS with consumer notice — not before, not after

Frequently asked questions

How long do I have to notify Montana residents after a data breach?
Without unreasonable delay
Do I have to notify the Montana Attorney General?
Yes — written notice to the AG simultaneously with consumer notice
Does Montana require notification to nationwide consumer reporting agencies?
Yes — if more than 1,000 residents, notify nationwide CRAs
Is encrypted data exempt from Montana's breach notification requirement?
Yes — Montana has an encryption safe harbor. Breaches of properly encrypted personal information generally do not trigger notification, provided the encryption key was not also compromised.
Can Montana residents sue me directly for a data breach?
Yes — Montana allows a private right of action. Affected residents may sue for actual damages and, in some cases, statutory damages or attorneys' fees. Class actions are common.
What counts as 'personal information' under Montana law?
First name/initial + last name with SSN, DL/state ID, account number/credit/debit + access code, medical info, taxpayer ID
What are the penalties for failing to comply with Montana's breach notification law?
Civil enforcement by AG; private right of action under Montana Consumer Protection Act

Related state breach laws

Mississippi (MS)
Miss. Code §75-24-29
Missouri (MO)
Mo. Rev. Stat. §407.1500
Nebraska (NE)
Neb. Rev. Stat. §§87-801 to 87-807
Nevada (NV)
Nev. Rev. Stat. §§603A.010 to 603A.290 + SB 220

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