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MontanaSB 16369th Legislature, Regular Session (2025)Senate

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

Sponsored By: Daniel Zolnikov (Republican)

Signed by Governor

CommunicationsInformation TechnologyPrivacy

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Stronger control of genetic and brain data

The law gives you clear rights over genetic and brain data. Companies must post clear privacy notices explaining what they collect, why, how they share, and how long they keep it, and must get your express consent before collecting, using, or sharing it. Separate consent is needed for third‑party sharing, marketing or sale, research, and keeping your biological samples. You can see or delete your data, revoke consent, and ask for sample destruction, and companies must keep it secure. They cannot share your data with health, life, or long‑term care insurers or your employer without your consent. Data collected in Montana cannot be stored in sanctioned or “foreign adversary” countries, and any storage outside the U.S. needs your consent. The law now covers neurotechnology data, and processors may use data only for the contracted service.

Tighter rules on police access to genetic and brain data

State agencies can only collect, use, or share genetic or brain data if a law allows it or a court issues a warrant or investigative subpoena on probable cause. Private companies may give data to police or other agencies only with valid legal process or your express consent. Police cannot get consumer database search results, including familial or partial matches, without a court order showing probable cause, unless you already waived privacy. Evidence obtained under these rules can be used in investigations and trials under normal court and evidence rules.

Research and lab rules for your samples

You may sign clear, written consent to join clinical research that lets researchers keep and study your samples; if you do, you may waive rights to access, delete, or destroy those samples and data for the study. The consent must follow good clinical practice, be easy to read, explain retention and sharing, warn that whole‑genome sequencing may occur, and, if your sample was taken for another reason, be signed at least 14 days after collection. Deidentified data can be used for internal, medical, or scientific research only with strong technical and contract limits that prevent re‑identification. Some certified labs may keep samples for up to 2 years to meet federal lab rules, but cannot test or share them while held. HIPAA‑covered providers may use HIPAA rules for these data if they get separate informed consent and follow the listed policies.

Sponsors & Cosponsors

Sponsor

  • Daniel Zolnikov

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 398 • No: 1

Senate vote • 4/3/2025

Do Pass

Yes: 49 • No: 1

Senate vote • 4/2/2025

Do Pass

Yes: 50 • No: 0

House vote • 3/26/2025

Do Concur

Yes: 99 • No: 0

House vote • 3/25/2025

Do Concur

Yes: 100 • 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 House Amendments

    4/3/2025Senate

  9. 2nd Reading House Amendments

    4/2/2025Senate

  10. Returned to Senate with Amendments

    3/26/2025House

  11. 3rd Reading

    3/26/2025House

  12. 2nd Reading

    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

    2/22/2025House

  17. Committee Executive Action

    2/21/2025House

  18. Fiscal Note Requested

    2/19/2025Senate

  19. Fiscal Note Requested

    2/19/2025House

  20. Hearing

    2/17/2025House

  21. 1st Reading

    1/29/2025House

  22. Referred to Committee

    1/29/2025House

  23. Transmitted to House

    1/28/2025Senate

  24. 3rd Reading

    1/28/2025Senate

  25. 2nd Reading

    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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