2001 Montana Legislature

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HOUSE BILL NO. 281

INTRODUCED BY M. LINDEEN, BRUEGGEMAN, CYR, DELL, MANGAN, RYAN, SHOCKLEY, STONINGTON

Montana State Seal

AN ACT ADOPTING THE GOVERNMENTAL INTERNET INFORMATION PRIVACY ACT; REQUIRING GOVERNMENTAL ENTITIES THAT PROVIDE AN INTERNET WEBSITE TO PROVIDE NOTICE OF THE ENTITIES' INFORMATION PRACTICES; AND PROHIBITING THE COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION UNLESS THE WEBSITE OPERATOR COMPLIES WITH CERTAIN PROVISIONS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Short title. [Sections 1 through 4] may be cited as the "Governmental Internet Information Privacy Act".



     Section 2.  Definitions. As used in [sections 1 through 4], the following definitions apply:

     (1) "Collect" means the gathering of personally identifiable information about a user of an internet service, online service, or website by or on behalf of the provider or operator of that service or website by any means, direct or indirect, active or passive, including:

     (a) an online request for the information by the provider or operator, regardless of how the information is transmitted to the provider or operator;

     (b) the use of an online service to gather the information; or

     (c) tracking or use of any identifying code linked to a user of a service or website, including the use of cookies.

     (2) "Governmental entity" means the state and political subdivisions of the state.

     (3) "Government website operator" or "operator" means a governmental entity that operates a website located on the internet or an online service and that collects or maintains personal information from or about the users of or visitors to the website or online service or on whose behalf information is collected or maintained.

     (4) "Internet" means, collectively, the myriad of computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected worldwide network of networks that use the transmission control protocol/internet protocol or any predecessor or successor protocols to communicate information of all kinds by wire or radio.

     (5) "Online" means any activity regulated by [sections 1 through 4] that is effected by active or passive use of an internet connection, regardless of the medium by or through which the connection is established.

     (6) "Personally identifiable information" means individually identifiable information about an individual collected online, including:

     (a) a first and last name;

     (b) a residence or other physical address, including a street name and name of a city or town;

     (c) an e-mail address;

     (d) a telephone number;

     (e) a social security number; or

     (f) unique identifying information that an internet service provider or a government website operator collects and combines with any information described in subsections (6)(a) through (6)(e).

     (7) "Political subdivision" means any county, city, municipal corporation, school district, or other political subdivision or public corporation.

     (8) "State" means the state of Montana or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state.



     Section 3.  Collection of personally identifiable information -- requirements. (1) A government website operator may not collect personally identifiable information online from a website user unless the operator complies with the provisions of this section.

     (2) A government website operator shall ensure that the website:

     (a) identifies who operates the website;

     (b) provides the address and telephone number at which the operator may be contacted as well as an electronic means for contacting the operator; and

     (c) generally describes the operator's information practices, including policies to protect the privacy of the user and the steps taken to protect the security of the collected information.     

     (3) In addition to the requirements of subsection (2), if the personally identifiable information may be used for a purpose other than the express purpose of the website or may be given or sold to a third party, except as required by law, then the operator shall ensure that the website includes:

     (a) a clear and conspicuous notice to the user that the information collected could be used for other than the purposes of the website;

     (b) a general description of the types of third parties that may obtain the information; and

     (c) a clear, conspicuous, and easily understood online procedure requiring an affirmative expression of the user's permission before the information is collected.



     Section 4.  No change of privacy right or public right to know. [Sections 1 through 4] are not intended to expand or restrict the individual right of privacy or the public right to know or to change the rights and obligations of persons, state agencies, or local governments that are otherwise provided by law.



     Section 5.  Codification instruction. [Sections 1 through 4] are intended to be codified as an integral part of Title 2, chapter 17, part 3, and the provisions of Title 2, chapter 17, part 3, apply to [sections 1 through 4].

- END -




Latest Version of HB 281 (HB0281.ENR)
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