Mont. Code § 46-5-112

Current through the 2023 Regular Session
Section 46-5-112 - Electronic data privacy - warrant required - exceptions
(1) Except as provided in subsection (2), a government entity may not obtain the stored data of an electronic device without a search warrant issued by a court upon a finding of probable cause.
(2) A government entity may obtain the stored data of an electronic device without a search warrant:
(a) with the consent of the owner or authorized user of the electronic device;
(b) in accordance with judicially recognized exceptions to warrant requirements;
(c) if the owner has voluntarily and publicly disclosed the stored data;
(d) if the government entity, in good faith, believes that an emergency involving danger, death, or serious physical injury to a person requires immediate disclosure of communications relating to the emergency;
(e) in order to respond to the user's call for emergency services; or
(f) for any electronic devices found within the confines of a correctional facility.
(3) Nothing in 46-5-111 through 46-5-113 may be construed to limit a government entity's ability to use, maintain, or store information on its own electronic devices or to disseminate information stored on its own electronic devices.
(4) Sections 46-5-111 through 46-5-113 do not apply to motor carrier safety or hazardous materials programs implemented by the department of transportation for purposes of complying with federal motor carrier safety regulations.

§ 46-5-112, MCA

Amended by Laws 2021, Ch. 339,Sec. 24, eff. 10/1/2021.
Added by Laws 2017, Ch. 201,Sec. 2, eff. 10/1/2017.