Montana employers can monitor work emails on company devices or networks under federal Electronic Communications Privacy Act allowances, provided no reasonable expectation of privacy exists, but state privacy rights add employee protections.​
Employer Monitoring Rights
Montana’s constitution guarantees a right to privacy, limiting employer surveillance of personal communications without consent or clear policy notice. Employers must disclose monitoring policies in writing, such as during onboarding, to avoid invasion of privacy claims for emails on company systems. Video and wiretapping surveillance requires one-party consent, but third-party interception without notice violates state law.​
Data Privacy Laws
The Montana Consumer Data Privacy Act (MCDPA), updated by SB 297 in May 2025, mandates businesses processing personal data of 25,000+ consumers to provide transparency, opt-outs, and data protection assessments, enforced by the Attorney General without a cure period. Employee data falls under consumer protections if not strictly HR records, requiring notices on data sales or targeted ads. Cybersecurity mandates include breach notifications and reasonable security for sensitive data like SSNs.​
Cybersecurity Obligations
Employers face audits under the 2025 LEGAL Act for work authorization but must secure employee data against breaches per MCDPA standards. Social media privacy shields off-duty posts, while genetic testing and microchips require explicit consent. Non-compliance risks fines up to $7,500 per violation.
[1](https://perkinscoie.com/insights/blog/montanas-consumer-data-privacy-law-update-sb-297s-sweeping-changes-glance)
[2](https://trustarc.com/resource/montana-consumer-data-privacy-act-background/)
[3](https://news.dli.mt.gov/News/2025/07/legal-act)
[4](https://hrcenter.us.brightmine.com/employment-law-guide/employee-privacy-montana/2180/)
[5](https://apploye.com/blog/employee-monitoring-laws/)
