Senate Bill No. introduced by D. Emrich establishes the "Electronic Data Ownership Act," which aims to clarify the ownership and management of electronic data for individuals in Montana. The bill stipulates that electronic data created by or on behalf of a resident is the property of that individual, and anyone possessing such data holds it in trust. It also specifies that ownership of electronic data is non-descendible in intestate succession, meaning it cannot be inherited unless explicitly designated by the deceased. Furthermore, the bill mandates the permanent deletion of a deceased individual's electronic data unless they had previously elected for another person to retain ownership.

The legislation includes several provisions to protect individuals' electronic data from unauthorized sale or disclosure, particularly to the federal government. It requires express consent from the individual for any sale of their electronic data and prohibits the sale or provision of such data to the federal government, except under specific legal circumstances like subpoenas. Additionally, the bill limits the use of contracts of adhesion that may require individuals to forfeit their data for nominal consideration. It also provides individuals with a private cause of action against those who violate these provisions, allowing for potential damages and attorney fees. The bill amends existing laws to enhance privacy protections related to electronic data transactions.

Statutes affected:
LC Text: 32-6-105
SB0453_1(1): 32-6-105
SB0453_1(2): 32-6-105
SB0453_1(3): 32-6-105
SB0453_1(4): 32-6-105
SB0453_1(5): 32-6-105
SB0453_1: 32-6-105