2.59.1746    RECORD MAINTENANCE, STORAGE, TRANSFER, AND DESTRUCTION

(1)  Records may be maintained electronically if the storage system complies with the Fair and Accurate Credit Transactions Act of 2003 (15 USC 1681 et seq.), the Gramm-Leach-Bliley Act (15 USC 6801 et seq.), and the regulations adopted thereunder (16 CFR 314).

(2)  A licensed entity shall make all records available to the department in a usable format pursuant to 32-9-121 and 32-9-130, MCA.

(3)  An individual who terminates sponsorship with an entity shall relinquish to the entity any records in the individual's possession at the time of termination.

(4)  A person who disposes of records at the end of the retention period shall destroy personal information by shredding, burning, erasing, or otherwise making the information indecipherable as required by 30-14-1703, MCA, the Fair and Accurate Credit Transactions Act of 2003 (15 USC 1681 et seq.), and the regulations adopted thereunder (16 CFR 682).

(5)  A licensed entity that becomes aware of an instance of unauthorized access to customer information shall comply with 30-14-1704, MCA. 

History: 32-9-121, 32-9-130, MCA; IMP, 32-9-121, 32-9-124, 30-14-1703, 30-14-1704, MCA; NEW, 2012 MAR p. 1762, Eff. 9/7/12.