What are the legal requirements for data breach notification?

Generally speaking, when a data breach has taken place within the state of Montana, the legal requirements for data breach notification stem from Montana Code Annotated 30-14-1701. According to the statute, a business or entity that owns or licenses computerized data that includes personal information must notify any individuals affected by the breach. The notification must happen as soon as possible and include details of the breach, a description of the data that was compromised, possible steps individuals can take to protect themselves from identity theft and fraud, and contact information for the business of entity victimized by the breach. If a business has more than 1,000 Montana residents affected by the breach, then the attorney general must also be notified. In some cases, businesses will have to give notice to credit reporting agencies, or if the data breach was of a financial nature, additionally to the Montana Office of the Commissioner of Securities and Insurance. The timeframe for providing notification in such cases must be done within 45 days of the business learning of the data breach. If a business or entity fails to comply with the data breach notification requirements, they could face civil penalties, fines, or other legal action. In order to comply with data breach notification requirements in Montana, businesses should consult the appropriate legal resources and procedures.

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What are the legal requirements for data breach notification?

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