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Montana’s legislature last year passed legislation, signed by the Governor, to ban the use of TikTok within the borders of the state, seeking to protect Montana consumers’ personal information and limit spying by the Chinese government through TikTok.

Some Montana users sued Montana to block the ban. A federal judge in Montana issued a preliminary…

Tennessee, Montana, Iowa, and Indiana have each recently passed a consumer privacy statute in recent weeks. These laws follow the same trend started by California’s Consumer Privacy Act by granting consumers the right to know whether a company is processing their data; the right to access that data, obtain a copy, and to have it…

Governors of numerous states have issued Executive Orders in the past several weeks banning TikTok from government-issued devices and many have already implemented a ban, with others considering similar measures. There is also bi-partisan support of a ban in the Senate, which unanimously approved a bill last week that would ban the app from devices…

Next week, on August 21, a total solar eclipse (or the alignment of the sun, moon and earth), visible from the continental U.S., will take place for the first time in 38 years. The last time this cosmic event occurred, there were no battery-powered supercomputers—smartphones—in your hand to fly a self-stabilizing, GPS-guided aircraft with a…

Montana became the latest state to revise its data breach notification law to take into account recent data breaches affecting millions of consumers. In particular, the Montana law was revised to include medical record information (which is not included in most state breach notification laws), a taxpayer identification number and “an identity protection personal identification number issued by the United States internal revenue service” in the definition of “personal information” that requires breach notification. This is no doubt in response to the millions of Americans whose identities have been used to file fraudulent tax returns with the IRS.

It is significant that the Montana law requires notification for the breach of any health information, as this requirement is arguably stricter than the breach notification requirements of the HIPAA Omnibus Rule. This change will be important for health care entities and any other companies that maintain health records. This law applies to all companies, not just health care entities and business associates covered by HIPAA.
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