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ARTICLE · 15 MAY 2023

Montana Legislature Passes Comprehensive Consumer Data Privacy Bill

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On April 21, the Montana legislature unanimously passed the Montana Consumer Data Privacy Act, joining several states with general consumer data privacy bills.

United StatesPrivacy
Alexandria Wood Davenport
Alexandria Wood Davenport
Roy Wyman
Roy Wyman
Samantha Ross Liskey
Samantha Ross Liskey

On April 21, the Montana legislature unanimously passed the Montana Consumer Data Privacy Act (MCDPA) (SB 384), joining several states with general consumer data privacy bills. The MCDPA most closely aligns with the Connecticut Data Privacy Act (CTDPA), which is generally considered one of the more consumer-friendly of the general privacy laws. The MCDPA is headed to Montana Governor Greg Gianforte for signature. If signed, Montana will become the eighth or ninth state with a comprehensive consumer data privacy law, subject to the signing of a similar law in Tennessee. The MCDPA is set to go into effect on October 1, 2024.

Compared to similar laws now in effect in seven states, the MCDPA is fairly consumer-friendly, most notably in covering a larger percentage of businesses (termed controllers), adding children's privacy provisions and broad consumer rights for things like consent revocation and data deletion, requiring recognition of universal opt-out mechanisms

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