Malcomson v. Liberty Northwest, 2014 MT 242 The Court accepted as correct the WCC’s conclusion that it should apply strict scrutiny in analyzing § 39-71-604(3), MCA, because it implicates privacy rights of constitutional significance.  The right of privacy is a fundamental right and legislation that infringes on its exercise must be reviewed under a strict scrutiny analysis.  Therefore, the statute must be justified by a compelling state interest and must be narrowly tailored to effectuate only that interest.