Montana privacy in communications (Mont. Code Ann. 45-8-213)
Law. Placed at Montana. Read 30 Sep 2026; 2 provisions cited by the planner.
What does Mont. Code Ann. 45-8-213 require?
A person must not knowingly or purposely record, or cause to be recorded, a conversation by a hidden electronic or mechanical device that reproduces human conversation without the knowledge of all parties to it. Also cited: 45-8-213(3), do not purposely intercept an electronic communication without warning.
Mont. Code Ann. 45-8-213(1)(c)Do not record a conversation with a hidden device without the knowledge of all parties A person must not knowingly or purposely record, or cause to be recorded, a conversation by a hidden electronic or mechanical device that reproduces human conversation without the knowledge of all parties to it. The rule applies to telephone calls and in-person conversations alike. It does not apply where the parties have been warned of the recording (if one person gives the warning, either party may record), to public officials and employees recording in the performance of official duty, to persons speaking at public meetings, or to health care facilities and health agencies recording health care emergency calls made to them (45-8-213(2)(a)).
Mont. Code Ann. 45-8-213(3)Do not purposely intercept an electronic communication without warning Except as 69-6-104 provides, a person must not purposely intercept an electronic communication, meaning any transfer between persons of signs, signals, writing, images, sounds, data or intelligence by wire, radio, electromagnetic, photoelectronic or photo-optical system. The subsection does not apply to elected or appointed public officials or public employees intercepting in the performance of official duty, or to persons given warning of the interception.