Montana MCDPA
Montana Consumer Data Privacy Act (MCDPA) as amended by SB 297 (2025)
Montana · Mont. Code Ann. §§ 30-14-2901 et seq. (SB 384, 2023; as amended by SB 297, 2025, eff. Oct. 1, 2025)
- Status
- In effect
- Took effect
- October 1, 2025
- Applies to
- Controllers processing personal data of 50,000+ Montana consumers annually, or 25,000+ consumers with >25% gross revenue from data sales
- Enforced by
- Montana Attorney General
Montana's comprehensive consumer privacy law, strengthened by 2025 amendments, gives residents rights to access, correct, delete, and opt out of data processing. The SB 297 amendment removed the 'solely automated' qualifier for profiling opt-out, meaning consumers can now opt out of any automated decision-making that involves profiling with significant effects — not just fully automated decisions.
Who is protected: Montana residents acting as consumers
Legal detail
Mont. SB 384 (2023), eff. Oct. 1, 2024 (original MCDPA); amended by SB 297 (2025), signed May 8, 2025, eff. Oct. 1, 2025; removes 'solely' from profiling opt-out right; adds data protection assessment requirements; Mont. Code Ann. §§ 30-14-2901 et seq.; Mont. AG enforces, civil penalties up to $7,500/violation.
Key facts
| Jurisdiction | Montana |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | May 19, 2023 |
| Citation | Mont. Code Ann. §§ 30-14-2901 et seq. (SB 384, 2023; as amended by SB 297, 2025, eff. Oct. 1, 2025) |
| Private right of action | No, agency enforcement only |
| Penalties | Civil penalties up to $7,500 per violation |
| Topics | consumer data privacy · automated decision-making · consumer protection · data retention |
| Agency page | Montana Consumer Data Privacy – Montana Department of Justice |
More AI rules in Montana
- Montana SB 25 election deepfakes — preliminarily enjoined as to plaintiff (2026) · In effect
- MT Right to Compute Act · In effect
- Montana SB 413 (crime to share explicit deepfakes) · In effect
- Montana HB 514 (sextortion deepfakes in privacy crime) · In effect
- Montana HB 178 (limits on government AI use) · In effect
- Montana HB 513 (property right in voice & likeness vs. deepfakes) · In effect
Related consumer data privacy rules elsewhere
- Vermont Data Broker Law (H.211) · Enacted (not yet in effect)
- Chatrie v. United States (Fourth Amendment protection for location… · Blocked / in litigation
- House Bill 2512 — Banning surveillance pricing by rideshare companies · Proposed / pending
- Kids Internet and Digital Safety Act (KIDS Act) (H.R. 7757) · Proposed / pending
- Maine LD 61 (employer surveillance disclosure & prohibition) · In effect
- Washington SHB 1672 (employee monitoring notice, ADS restrictions, emotion AI ban) · In effect
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