All Roll Calls
Yes: 495 • No: 0
MontanaSB 29769th Legislature, Regular Session (2025)Senate
Generally revise privacy laws
Sponsored By: Daniel Zolnikov (Republican)
Signed by Governor
PrivacyCommunicationsMinors
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 4 benefits, 1 costs, 3 mixed.
Clear privacy notices and easy opt-outs
Companies must post a clear, accessible privacy notice in every language they use and link it from a visible "privacy" link. If they sell your data or use targeted ads, they must say so and give you a simple opt-out link. You can opt out of profiling used in automated decisions that have legal or similar effects. When you ask for your data, they cannot share Social Security numbers, government IDs, account numbers, passwords, or biometrics. If they got your data from someone else, they can honor deletion by keeping only a small do-not-collect record or by stopping almost all processing. When notices change in a big way, you must be told and can withdraw consent.
No targeted ads or sales to minors
If a company knows or willfully ignores that a user is a minor, it cannot use the minor’s data for targeted ads, sell it, or profile the minor in ways with legal-like effects unless it gets consent. Companies may use a minor’s data only for the purpose they stated and must not keep it longer than needed. For ages 13 to 15, if the company knows or willfully ignores the age, it needs the teen’s consent before targeted ads or selling data. For children under 13, a parent or guardian must give consent. Following COPPA’s parental consent rules counts.
Safer design and location limits for kids
Companies must use reasonable care to avoid harms to minors. They may not use design features that significantly increase a minor’s time using a service. They may collect a minor’s precise location only when needed for the service, only as long as needed, and must show a visible signal while collecting. This rule does not apply to apps used under a ski area operator’s direction. Consent screens cannot trick users, and direct messaging to minors must include safeguards against messages from unknown adults. Email and one-to-one messaging services are excepted. Beginning October 1, 2025, companies must complete and keep a data protection assessment for any processing that creates a heightened risk to minors, list risks and mitigation, review after changes, keep it at least three years after processing stops or until the service ends, and provide it to the Attorney General on request.
Clear rules for K-12 student data
The law sets clear rules for K-12 student data. It defines protected information for K-12 apps, covering grades, contact and family details, health and special education records, discipline, Social Security numbers, biometrics, location, photos, and voice recordings. It defines pupil-generated content like essays, music, photos, and portfolios, and excludes some test responses to protect test validity. K-12 school purposes now exclude postsecondary-credit courses and certain work-based learning. Deidentified or aggregated student data is not a pupil record and may be used to improve or market educational tools or develop services.
Stricter rules for data processors
Data processors must follow a controller’s instructions, protect data, and help document risk assessments. Contracts must include required privacy terms. If a processor starts deciding how data is used or ignores instructions, it is treated as a controller and can be held liable.
Age checks optional and school carve-outs
The law does not require companies to verify or collect users’ ages. A company that uses a reasonable age estimate is not liable if it guesses wrong. Services used under a school’s direction, including learning management and student engagement tools, are exempt from some minors’ processing and design bans.
Attorney general enforcement and fines
The Montana Attorney General enforces this law and runs an online privacy complaint system. The AG posts your rights and company duties, can investigate, review risk assessments, and seek court orders. Violators face civil penalties up to $7,500 per violation, plus injunctions and fees, with penalties going to a special state account. Cases follow the time limit in 27-2-231. The law repeals a 2023 section and does not create a private right to sue.
Research allowed with strong privacy checks
Researchers can use personal data for public-interest research when an independent board approves and oversees it. The board must find that public benefits outweigh privacy risks, that deletion or use gives real public value, and that safeguards prevent re-identifying people.
Sponsors & Cosponsors
Sponsor
Daniel Zolnikov
Republican • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/15/2025
Do Pass
Yes: 50 • No: 0
Senate vote • 4/14/2025
Do Pass
Yes: 50 • No: 0
House vote • 4/11/2025
Do Concur
Yes: 99 • No: 0
House vote • 4/9/2025
Do Pass As Amended
Yes: 99 • No: 0
House vote • 4/9/2025
AMD-SB0297.003.002 Zolnikov DO PASS
Yes: 98 • No: 0
Senate vote • 2/24/2025
Do Pass
Yes: 49 • No: 0
Senate vote • 2/21/2025
Do Pass
Yes: 50 • No: 0
Actions Timeline
Chapter Number Assigned
5/13/2025SenateSigned by Governor
5/8/2025SenateTransmitted to Governor
5/1/2025SenateSigned by Speaker
5/1/2025HouseSigned by President
4/22/2025SenateReturned from Enrolling
4/16/2025SenateSent to Enrolling
4/15/2025Senate3rd Reading House Amendments
4/15/2025Senate2nd Reading House Amendments
4/14/2025SenateReturned to Senate with Amendments
4/11/2025House3rd Reading
4/11/2025House2nd Reading
4/9/2025House2nd Reading Motion to Amend
4/9/2025HouseCommittee Report
3/27/2025HouseCommittee Executive Action
3/27/2025HouseHearing
3/19/2025House1st Reading
2/25/2025HouseReferred to Committee
2/25/2025HouseTransmitted to House
2/24/2025Senate3rd Reading
2/24/2025Senate2nd Reading
2/21/2025SenateCommittee Report
2/19/2025SenateCommittee Executive Action
2/19/2025SenateHearing
2/18/2025SenateReferred to Committee
2/12/2025Senate
Bill Text
Enrolled
4/15/2025
As Amended (Version 4)
4/9/2025
As Amended (Version 3)
3/27/2025
As Amended (Version 2)
2/19/2025
Introduced
2/11/2025
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