Montana Bridging the Gap in Law Enforcement Data

Montana has taken a significant step by enacting pioneering legislation aimed at closing the so-called “data broker loophole,” an issue that has sparked intense debates in various states and in the U.S. Congress, but has not yet found an effective solution. The regulation, known as SB 282, prohibits law enforcement from acquiring information about electronic communications and other sensitive data through purchases from data brokers, thus eliminating a method that allowed them to bypass the need for a search warrant.

Unlike other parts of the country, where authorities can acquire geolocation information without having to present justification to a judge, in Montana, police officers must resort to more conventional practices, such as requesting a search warrant. Previously, information encompassing personal data such as an individual’s precise location, personal relationships, and health conditions was readily available on the market.

SB 282 has been welcomed as a step forward in terms of privacy protection at the state level, continuing a trend in Montana that includes restrictions on facial recognition use and efforts to protect consumer privacy. While the law allows for the use of subpoenas to access certain data, these require less justification than a search warrant, setting an important precedent in the defense of civil rights.

This new legislative approach in Montana aligns with federal initiatives, such as the proposed H.R.4639, known as the Fourth Amendment Is Not for Sale Act, championed by Senator Ron Wyden, which seeks to provide similar protections on a national scale. Although this bill has progressed in the House of Representatives, it has yet to be considered in the Senate.

Montana’s action highlights the increasing responsibility of states and localities to implement laws that protect the civil liberties of their citizens, especially in light of Congressional inaction. With a population of just over one million, Montana establishes itself as a model in the defense of privacy and the protection of individual rights.