Employee Privacy: Montana

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jason S. Ritchie, Holland & Hart LLP

Updating Author: Brightmine Editorial Team

Summary

• The Montana Constitution protects the privacy rights of employees and all Montana citizens. See Constitutional Right to Privacy.
• Privacy rights should be considered in performing employee background checks. See Background Checks and Credit Reports.
• Employers may not record any conversations in Montana or intercept or monitor any electronic communications (such as email) without the permission or acknowledgment of all parties to the communication. See Telephone and Other Wire Surveillance (Wiretapping).
• Polygraph testing cannot be required as a condition of employment. See Polygraph Testing.
• Drug and alcohol testing may be used only for certain employees, and only under a program defined in detail by state law. See Drug and Alcohol Testing.
• Montana employees have a protected privacy interest in private information held by employers, such a Social Security numbers. See Social Security Numbers.
• Job references are governed by Montana's anti-blacklisting statute, which requires employers to give truthful statements regarding reasons for employee discharge. See Job References.
• Employers may not interfere with employee rights to use lawful products while off duty. See Off Duty Conduct.
• Computerized employer data that includes employee personal information such as social security numbers, etc. must notify employees of any system breach resulting in compromise of employee data. See Security Breaches.
• Montana law gives Montana consumers privacy rights with respect to their personal data and establishes certain requirements and limitations for covered businesses that control or process personal data. See Consumer Data Privacy Act.