46-5-603. Governmental entities may not purchase data, MCA

Montana Code Annotated 2025

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 5. SEARCH AND SEIZURE

Part 6. Electronic Communications

Governmental Entities May Not Purchase Data

46-5-603. Governmental entities may not purchase data. Except as provided in Title 46, chapter 4, part 3, or Title 46, chapter 5, part 2, pursuant to a search warrant or investigative subpoena issued by a court, a governmental entity may not purchase the following:

(1) electronic communications;

(2) contents of electronic communications;

(3) contents of a communication made through a tone-only paging device;

(4) contents of a communication from a tracking device, including an electronic or mechanical device that permits the tracking of the movement of a person or object;

(5) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds;

(6) customer proprietary network information as defined in 47 U.S.C. 222(h)(1) as of October 18, 2024, inclusive of subscriber list information as defined in 47 U.S.C. 222(h)(3) as of October 18, 2024;

(7) precise geolocation data as defined in 30-14-2802;

(8) pseudonymous data as defined in 30-14-2802; or

(9) sensitive data as defined in 30-14-2802.

History: En. Sec. 1, Ch. 382, L. 2025.