Montana Code 61-11-510. Prerequisites to disclosure
61-11-510. Prerequisites to disclosure. (1) Prior to the disclosure of personal information or highly restricted personal information, as provided in 61-11-507, 61-11-508, or 61-11-509, the department shall require the requester to complete and submit an application, in a form prescribed by the department, identifying the requester and specifying the statutorily recognized uses for which the personal information or highly restricted personal information is being sought.
Terms Used In Montana Code 61-11-510
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Highly restricted personal information: means an individual's photograph or image, social security number, or medical or disability information. See Montana Code 61-11-503
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Personal information: means information that identifies a person, including a person's name, address, telephone number, social security number, driver's license or identification number, date of birth, photograph or image, and medical or disability information. See Montana Code 61-11-503
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The department shall require the requester to provide identification acceptable to the department.
(3)(a) The department shall collect the appropriate fees paid by the requester and shall determine the amount of the fees in accordance with 61-3-101, 61-11-105, and this subsection (3), and as appropriate, in accordance with the terms of a contract between the department and the requester.
(b)The department shall ensure that fees established by policy or contract:
(i)recover the department’s cost and expenses as provided in 2-6-1006 and 61-3-101;
(ii)include an additional amount necessary to compensate the department for costs associated with developing and maintaining the database from which information is requested; and
(iii)incorporate, when applicable, the convenience fee established under 2-17-1103.
(c)Except as provided in 61-11-105(5)(b) and subsection (3)(d) of this section, the department shall charge a fee to any person, including a representative of a federal, state, or local government entity or member of the news media who requests information under this section.
(d)The department may not charge a fee for information requested by the governor’s office of budget and program planning, the Montana tax appeal board, the department of revenue, any legislative branch agency or committee, or any criminal justice agency, as defined in 44-5-103.