United States of America: Introduced Consumer Data Privacy Act (SB 384)

On 16 February 2023, the Consumer Data Privacy Act (SB 384) was introduced in the Montana Senate. Covered entities include persons conducting business in Montana or producing products or services for residents of Montana with two alternative thresholds that have to be met. Either the covered entity has to control the data of at least 100'000 consumers, or control the data of at least 25'000 consumers, the sale of which accounts for more than 25% of the company's gross revenue. Under the Bill, a consumer has the right to access their data, the right to deletion, as well as the right to edit inaccuracies of their personal information. The consumer may also opt out of the use of their personal data for targeted advertising, sale and profiling. Finally, data controllers would be obliged to set up reasonable data protection practices with regular assessments.