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MontanaSB 16369th Legislature, Regular Session (2025)SenateWALLET

Generally revise privacy laws related to biometric, genetic, and neural data

Sponsored By: Daniel Zolnikov (Republican)

Became Law

CommunicationsInformation TechnologyPrivacy

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Stricter rules for police DNA and brain data

Starting June 1, 2025, government agencies must follow state law or get a search warrant or investigative subpoena to collect, use, or share genetic or brain data. Companies must require valid legal process before giving this data to law enforcement without your consent. Police cannot get consumer DNA or brain‑data search results, including family or partial matches, without a warrant or a subpoena based on probable cause, unless you waived privacy. Legally obtained results may be used in investigations and in court. Some government uses are outside this part of the law.

Stronger control over your genetic and brain data

The law requires a clear privacy notice and an easy‑to‑read policy for genetic and brain (neurotechnology) data. Companies must get your express consent before collecting, using, or sharing this data. They must get a separate yes to share with named third parties, keep your biological sample, use data beyond the main purpose, market to you, or sell your data. You can access or delete your data, revoke consent, and ask to destroy your sample. Firms must run a full security program, and they cannot disclose your data to health, life, or long‑term care insurers or to your employer without your express consent.

Limits on storing genetic and brain data abroad

The law bans storing Montana residents’ genetic or brain data and related samples in countries under U.S. sanctions or named foreign adversaries. Your data or samples collected in the state can be stored outside the United States only if you consent.

Research rules and when rights are waived

Deidentified genetic data may be used for research if it cannot reasonably be linked to you and contracts ban reidentification. Research that only uses genetic data can follow federal human‑subjects or FDA rules when you give express consent. State consent rules override federal waivers, so consent is still required here. You can sign a separate, clear research consent (at least 12‑point font), given no sooner than 14 days after a non‑research collection, that waives later access, deletion, and sample‑destruction rights and allows possible whole‑genome sequencing. Some clinical labs may keep a sample up to 2 years (or less if law requires), but they cannot test, analyze, or share it while it is held.

HIPAA-covered medical data stays under HIPAA

If your information is protected health information held by a HIPAA‑covered provider or partner, and they get separate informed consent and follow required policies, this state part does not apply. In those cases, HIPAA governs how your genetic or brain data is handled.

Sponsors & Cosponsors

Sponsor

  • Daniel Zolnikov

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 397 • No: 1

Senate vote • 4/3/2025

Do Pass

Yes: 49 • No: 1

Senate vote • 4/2/2025

Do Pass

Yes: 50 • No: 0

Senate vote • 3/26/2025

Do Concur

Yes: 99 • No: 0

Senate vote • 3/25/2025

Do Concur

Yes: 99 • No: 0

Senate vote • 1/28/2025

Do Pass

Yes: 50 • No: 0

Senate vote • 1/27/2025

Do Pass

Yes: 50 • No: 0

Actions Timeline

  1. Chapter Number Assigned

    5/5/2025Senate

  2. Signed by Governor

    5/1/2025Senate

  3. Transmitted to Governor

    4/22/2025Senate

  4. Signed by Speaker

    4/18/2025House

  5. Signed by President

    4/13/2025Senate

  6. Returned from Enrolling

    4/5/2025Senate

  7. Sent to Enrolling

    4/3/2025Senate

  8. 3rd Reading Passed as Amended by House

    4/3/2025Senate

  9. 2nd Reading House Amendments Concurred

    4/2/2025Senate

  10. Returned to Senate with Amendments

    3/26/2025House

  11. 3rd Reading Concurred

    3/26/2025House

  12. 2nd Reading Concurred

    3/25/2025House

  13. Fiscal Note Printed

    2/25/2025Senate

  14. Fiscal Note Signed

    2/24/2025Senate

  15. Fiscal Note Received

    2/24/2025Senate

  16. Committee Report--Bill Concurred as Amended

    2/22/2025House

  17. Committee Executive Action--Bill Concurred

    2/21/2025House

  18. Fiscal Note Requested

    2/19/2025Senate

  19. Fiscal Note Requested

    2/19/2025House

  20. Hearing

    2/17/2025House

  21. First Reading

    1/29/2025House

  22. Referred to Committee

    1/29/2025House

  23. Transmitted to House

    1/28/2025Senate

  24. 3rd Reading Passed

    1/28/2025Senate

  25. 2nd Reading Passed

    1/27/2025Senate

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • As Amended (Version 2)

    2/22/2025

    PDF

  • Introduced

    1/15/2025

    PDF

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