Senate Bill No. introduced by D. Emrich establishes the "Electronic Data Ownership Act," which aims to clarify the ownership and management of electronic data created by individuals in Montana. The bill stipulates that individuals own their electronic data, which is held in trust by those who possess it. 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. Additionally, the bill mandates the permanent deletion of a deceased individual's electronic data unless they have designated another person to take ownership during their lifetime.

The legislation further restricts the sale and disclosure of electronic data, requiring express consent from the individual before any sale to third parties, including the federal government. It prohibits contracts of adhesion that would require individuals to forfeit their data for nominal consideration and mandates that sellers provide actual consideration related to the data's value. The bill also includes provisions for notifying individuals when their data is provided to the federal government, with exceptions for subpoenas or search warrants. Violations of these provisions can lead to private causes of action for individuals and enforcement actions by the attorney general or county attorneys.

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