Law note · Montana
Montana Consumer Data Privacy Act, sensitive data and biometric data definitions
MCDPA classifies data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life, sexual orientation, citizenship or immigration status, the processing of genetic or biometric data to uniquely identify an individual, a known child's data, and precise geolocation data as sensitive data.
'Biometric data' means data from automatic measurement of biological characteristics used to identify a person, such as a fingerprint or voiceprint, and the raw recording is excluded, but data generated from it is covered once generated to identify a specific individual, matching the Connecticut, Oregon, Delaware, and Nebraska structure.
What it asks of an app
- Obtain opt-in consent before processing a Montana consumer's genetic or biometric data collected to uniquely identify them.
- Treat a voiceprint or other biometric identifier generated from a recording, for the purpose of identifying a specific individual, as covered biometric data. Montana's exclusion does not reach data generated for that purpose.
When LexLint raises it
Declared activities: processes_biometrics, processes_voice, crawls_web, trains_models
Primary source: official Montana statute text, Mont. Code Ann. Title 30, Chapter 14, Part 28