Montana Becomes First State To Close the Law Enforcement Data Broker Loophole

Montana has enacted SB 282, becoming the first state to prohibit law enforcement from purchasing personal data they would otherwise need a warrant to obtain. The landmark legislation closes what privacy advocates call the "data broker loophole," which previously allowed police to buy geolocation data, electronic communications, and other sensitive information from third-party vendors without judicial oversight. The new law specifically restricts government access to precise geolocation data, communications content, electronic funds transfers, and "sensitive data" including health status, religious affiliation, and biometric information. Police can still access this information through traditional means: warrants, investigative subpoenas, or device owner consent.

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