Law / Montana

Montana

age

Montana has required age verification for pornographic websites since January 2024, and a private right of action survived a First Amendment challenge that was dismissed for lack of standing in 2025 after the state removed the Attorney General's enforcement authority. A 2025 privacy law amendment imposes a reasonable care duty for minors' data akin to the newer design code model used in Connecticut and Colorado.

Montana has no social media minor access law or app store age verification law, and its biennial legislature does not meet again until 2027.

privacy

The Montana Consumer Data Privacy Act (MCDPA), Mont. Code Ann. sections 30-14-2801 to 30-14-2820, is Montana's comprehensive consumer-privacy regime. Originally enacted as H.B. 351 (2023), 2023 Mont. Laws ch. 681, effective October 1, 2024, and substantially amended by S.B. 297 (2025), 2025 Mont. Laws ch. 567, effective October 1, 2025, which lowered applicability thresholds, added minors' privacy provisions, and removed the mandatory pre-action notice-and-cure step.

Genetic or biometric data collected to identify a person is one of MCDPA's enumerated sensitive-data categories, confirming the carried seed's sensitive_biometric_restriction value of True on that question. Separately, Montana's biometric-data definition claws back data generated from a recording the moment it is generated to identify someone, so a recording-derived identifier still reaches the sensitive category (unlike Virginia's or Iowa's blanket exclusion).

A separate part, Mont. Code Ann. section 30-14-1704, governs breach notification. The Attorney General has exclusive enforcement authority; there is no private right of action.

This document flags an unresolved drafting question: section 30-14-2820(2), added by S.B. 297, cross-references a 'thirty-day period described in 30-14-2817(3),' but section 30-14-2817 as currently codified contains no notice-and-cure text in any of its five subsections, and subsection (3) instead describes the Attorney General's civil-investigative-demand authority.

The operative finding, consistent with secondary reporting, is that no mandatory cure right survives as of October 1, 2025; the cross-reference itself is reported as found rather than resolved.

13 instruments named 7 researched in detail As of 2026-08-27

Instruments

Each one links to its LexLint note, which carries what it requires and what it flags on.

Adult content age verification (AV)

SB 544, Revise Internet Laws Related to Material Harmful to Minors

cite Mont. Code Ann. section 30-14-159 stage IN FORCE in force since 2024-01-01 source Official Montana Code Annotated text on the Montana legislature's code site

Requires commercial entities that knowingly publish or distribute material harmful to minors, where a substantial portion of the site is such material, to use reasonable age verification methods before granting access, and bars retention of identifying information after verification.

Note and primary source

Age-appropriate design code

SB 297, Amendments to the Montana Consumer Data Privacy Act

cite Mont. Code Ann. sections 30-14-2802, 30-14-2803, 30-14-2804, 30-14-2808, 30-14-2812, 30-14-2816, 30-14-2817 stage RECENT in force 11 months effective 2025-10-01 source Official Montana legislature session law chapter text

Amends Montana's consumer privacy law to require a controller that knows or willfully disregards that a consumer is a minor under 18 to use reasonable care to avoid a heightened risk of harm from an online service, product, or feature, and to complete a data protection assessment for offerings that pose such risk to minors.

Note and primary source

Breach notification

Notification of security breach

cite Mont. Code Ann. § 30-14-1704 stage IMMINENT commencement not set source official Montana statute text, Mont. Code Ann. Title 30, Chapter 14, Part 17

A person or business required to notify Montana residents of a breach of security must simultaneously submit an electronic copy of the notification to the Attorney General's consumer protection office; notice must be made without unreasonable delay, consistent with law-enforcement needs and the measures necessary to determine the breach's scope.

This provision is in force under the current codified text; the underlying research did not establish a dated original commencement, so no effective_date is recorded here.

What it asks of an app

Comprehensive regime

Montana Consumer Data Privacy Act (MCDPA), general applicability and controller/processor duties

cite Mont. Code Ann. §§ 30-14-2803, 30-14-2811, 30-14-2813 stage IN FORCE in force since 2024-10-01 source official Montana statute text, Mont. Code Ann. Title 30, Chapter 14, Part 28

MCDPA governs private-sector processing of Montana consumers' personal data. Originally enacted as H.B. 351 (2023 session), 2023 Mont. Laws ch. 681, effective October 1, 2024. Substantially amended by S.B. 297 (2025 session), 2025 Mont. Laws ch. 567, signed May 8, 2025, effective October 1, 2025, which lowered applicability thresholds, added minors' privacy provisions, and added privacy-notice content requirements.

General applicability is set at section 30-14-2803, controller duties at section 30-14-2811 and processor duties at section 30-14-2813.

What it asks of an app

Data subject rights

Montana Consumer Data Privacy Act, consumer rights

cite Mont. Code Ann. § 30-14-2808 stage IN FORCE in force since 2024-10-01 source official Montana statute text, Mont. Code Ann. Title 30, Chapter 14, Part 28

MCDPA gives a Montana consumer the right to confirm processing, access, correct, delete, obtain a portable copy, and opt out of targeted advertising, sale, and qualifying profiling. A controller must respond without undue delay and no later than 45 days after receipt, with one 45-day extension available, and must decide an appeal of a refusal within 60 days.

What it asks of an app

Enforcement supervision

Montana Consumer Data Privacy Act, Attorney General enforcement

cite Mont. Code Ann. §§ 30-14-2817, 30-14-2820 stage IN FORCE in force since 2024-10-01 source official Montana statute text, Mont. Code Ann. Title 30, Chapter 14, Part 28

The Montana Attorney General has exclusive authority to enforce MCDPA; the chapter creates no private right of action. Civil penalties run up to $7,500 per violation.

As currently codified, section 30-14-2817 (Enforcement) contains no notice-and-cure text in its five subsections following the S.B. 297 amendment, yet section 30-14-2820(2) cross-references a 'thirty-day period described in 30-14-2817(3),' which as read describes the Attorney General's civil-investigative-demand authority rather than a cure mechanism.

This document reports that cross-reference as an open citation-accuracy question rather than resolving it; the operative, secondary-corroborated finding is that no mandatory pre-action cure right survives as of October 1, 2025, so a first violation can lead directly to a penalty.

What it asks of an app

Sensitive categories

Montana Consumer Data Privacy Act, sensitive data and biometric data definitions

cite Mont. Code Ann. § 30-14-2802(4), (28) stage IN FORCE in force since 2024-10-01 source official Montana statute text, Mont. Code Ann. Title 30, Chapter 14, Part 28

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

This summary covers the instruments LexLint has researched to a stage. Instruments named in the corpus but not yet researched are counted above and are not listed here. Every entry carries its own primary source on its note page. This is a research index, not legal advice.