The Montana Constitution, Art. 2, § 10, expressly incorporates the standard for evaluating issues affecting the right of individual privacy. Montana Hum. Rights Div. v. City of Billings, 199 Mont. 434, 439–40, 649 P.2d 1283, 1286 (1982); St. James Comm. Hosp. v. District Court, 2003 MT 261, ¶ 4, 317 Mont. 419, 77 P.3d 534. Under Montana law the government must demonstrate a compelling interest when it intrudes on a fundamental right, and determination of a compelling interest is a question of law.
The right of privacy, under the Montana Constitution, is a fundamental right, which includes the right to informational privacy; that is, the right of individuals to control the disclosure and circulation of personal information. See St. James Community Hosp., Inc. v. District Court, 2003 MT 261, ¶ 8, 317 Mont. 419, 77 P.3d 534; Gryczan v. State, 283 Mont. 433, 449, 942 P.2d 112, 122 (1997). The right of privacy protects information if (1) the individual has a subjective expectation of privacy regarding the information and (2) that expectation is reasonable.
Plaintiffs in a class action suit generally bear the costs of class notification. St. James Cmty. Hosp., Inc. v. Dist. Court, 77 P.3d 534, 537 (Mont. 2003).