Workplace privacy law · MT
Montana workplace electronic monitoring law and what it means for organizational health intelligence.
The governing statute is M.C.A. § 45-8-213. Two-party consent for the recording of communications.
Montana is a two-party consent state with a strong constitutional privacy provision (Mont. Const. Art. II § 10) that has been read by state courts to apply to private actors in some workplace contexts.
Consent posture
Two-party consent
Primary citation
M.C.A. § 45-8-213
Enforcement
Montana Attorney General.
Notification requirements in Montana
- No state-specific notification requirement; federal floor applies
Employer obligations
- Two-party consent for recording communications.
- Federal Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.) applies. ECPA permits employer monitoring of business communications under the business-purpose and consent exceptions.
How ClarityLift’s privacy posture maps to Montana law
ClarityLift surfaces team-level patterns from the conversations a customer already has in Slack or Teams. The architecture is privacy-first by design. No DMs. Ever. Aggregate signals only. Minimum group threshold of 10. No individual scores. Customers retain full control of which channels are connected.
For employers operating in Montana, the relevant requirements typically resolve at the policy and channel-selection layer, not the technical layer. ClarityLift does not record voice or video, so two-party consent statutes for audio/video recording are structurally inapplicable.
Compliance with M.C.A. § 45-8-213 is achieved by the customer through written notice to employees (where required), an acceptable-use policy, and clear channel-connection scope. ClarityLift’s consent architecture supports this directly: every connected workspace surfaces the channel list, retention posture, and group-floor minimum to admins.
This is not legal advice. Employers should review their specific monitoring practices with counsel before deploying any workplace analytics tool.
Frequently asked
Does ClarityLift read individual employee messages?
No. ClarityLift processes communication signals at the aggregate team level. No individual scores are produced. The minimum group threshold of 10 is structurally prevented in code — teams below that floor never surface signals.
What does Montana consider a "private" communication for monitoring purposes?
Under M.C.A. § 45-8-213, the operative question is whether the communication was made with a reasonable expectation of privacy. Workplace channels under an acceptable-use policy that defines them as business communications generally fall within the business-purpose exception. DMs and personal channels are different — and ClarityLift excludes them by design.
Are DMs ever processed by ClarityLift?
No. DMs are rejected at the ingest gate before any classification, signal generation, or storage. This is structurally prevented, not a policy choice.
Does the Montana consent statute apply to ClarityLift?
Montana's consent statute applies primarily to recording of voice or wire communications. ClarityLift does not record voice. Text-based communication processing falls under the business-communications and consent exceptions of ECPA.
See ClarityLift’s privacy architecture before you deploy in Montana.
Aggregate signals only. No DMs. Minimum group threshold of 10. The compliance posture is built into the architecture, not bolted on after.