Senate Bill No. [insert bill number] introduces the "Electronic Data Ownership Act," which establishes personal ownership rights over electronic data for individuals residing in Montana. The bill stipulates that electronic data created by or on behalf of an individual is their property, and anyone possessing such data holds it in trust for the individual. It also specifies that ownership of electronic data is non-descendible in intestate succession, meaning it cannot be inherited if the owner dies without a will. Furthermore, the bill mandates the permanent deletion of a deceased individual's electronic data unless they had designated another person to take ownership during their lifetime.

The legislation includes several provisions aimed at protecting individuals' electronic data from unauthorized sale or disclosure. It prohibits the sale of electronic data to third parties, including the federal government, without the express consent of the individual. Additionally, it restricts the disclosure of electronic data to the federal government, allowing exceptions only in response to subpoenas or search warrants. The bill also requires that individuals receive actual consideration for the sale of their electronic data and provides for private causes of action against those who violate these provisions. Amendments to existing laws, such as Section 32-6-105, further enhance the protection of privacy regarding electronic funds transfer information.

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: 32-6-105