Montana Code Annotated 2023

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 17. PROPERTY AND SYSTEMS DEVELOPMENT AND MANAGEMENT

Part 5. Information Technology -- Internet Privacy

Policy

2-17-505. Policy. (1) It is the policy of the state that information technology be used to improve the quality of life of Montana citizens by providing educational opportunities, creating quality jobs and a favorable business climate, improving government, and protecting individual privacy and the privacy of the information contained within information technology resources.

(2) It is the policy of the state that the development of information technology resources in the state must be conducted in an organized, deliberative, and cost-effective manner.

(3) It is the policy of the state that information technology is essential and vital to the people of the state of Montana, and the services, systems, and infrastructure are therefore considered to be an asset of the state.

(4) It is the policy of the state that commercial off-the-shelf information technology resources be used whenever feasible, rather than the commissioning of custom solutions.

(5) The following principles must guide the development of information technology resources:

(a) There are statewide information technology policies, framework, controls, standards, procedures, and guidelines applicable to all state agencies and other entities using an information technology resource.

(b) Mitigation of risks is a priority in order to protect individual privacy and the privacy of information contained within information technology resources as they become more interconnected and as the liabilities stemming from the risk to information technology have increased.

(c) Whenever feasible and not an undue risk, common data is entered once and shared among government entities at any level or political subdivision.

(d) Third-party providers of data, such as citizens, businesses, and other government entities, are responsible for the accuracy and integrity of the data provided to government entities.

(e) Third-party providers of information technology resources, such as infrastructure as a service, platform as a service, and software as a service, shall comply with state security and information technology policies, risk management framework, controls, standards, procedures, and guidelines when providing information technology resources to government entities.

(f) Government entities are required to conduct business through open, transparent processes to ensure accountability to the citizenry, and information technology provides access to information through simple and expeditious procedures.

(g) In order to minimize duplication, shared or similar information technology resources and data management applications must be implemented and managed in a coordinated manner.

(h) Planning and development of information technology resources are conducted in conjunction with budget development and approval.

(i) Information technology resources are deployed aggressively whenever it can be shown that it will provide improved services to Montana citizens.

(j) Public-private partnerships are used to deploy information technology resources when practical and cost-effective.

(k) Information technology resources are developed in cooperation with the federal government and local governments with the objective of providing seamless access to information and services to the greatest degree possible.

(l) Information technology resources are able to accommodate digital transmissions between the state and its citizens, businesses, and other government entities, including providing incentives for citizens and businesses to use digital government services.

(m) Information technology resources are able to embrace the economics of digitized records to avoid duplication and transport costs.

(n) Digital record creation, management, storage, and retrieval processes and procedures are used to create and deliver professional records management experiences for the citizens of Montana.

(o) Information technology resources are able to embrace continuous process improvement initiatives in order to keep pace with new and emerging technologies and delivery channels in order to allow citizens to determine when, where, and how they interact with government agencies.

(6) It is the policy of the state that the department must be accountable to the governor, the legislature, and the citizens of Montana.

History: En. Sec. 3, Ch. 313, L. 2001; amd. Sec. 1, Ch. 166, L. 2013; amd. Sec. 3, Ch. 365, L. 2023.