Montana Enacts Opt-Out Privacy Law

Governor Greg Gianforte (R-MT) has signed a privacy law that gives state residents new rights to wield control over data about them, including the right to reject some forms of online behavioral advertising. Senate Bill 384 provides that residents can opt out of the use of data linkable to them—including pseudonymous data, such as information stored on cookies—for targeted ads. (The measure defines ad targeting as serving ads to people based on their online activity over time and across nonaffiliated websites or apps.) The law also requires companies to provide links enabling opt-outs and says companies must honor opt-out universal signals that consumers send with mechanisms like the Global Privacy Control. That tool, developed by privacy advocates, transmits an opt-out command to every website consumers visit. In addition, the law requires companies to tell residents what non-pseudonymous data has been collected about them and to delete that data upon request. Montana's law will take effect in October 2023.