Duty LXD-3318
Makes housing decisions, in Nebraska
Financial Data Protection and Consumer Notification of Data Security Breach Act, security procedures and practices dutysince 5 lines
Neb. Rev. Stat. section 87-808 (added by Laws 2018, LB757, section 7) · Read the law's page
- This binds any individual or commercial entity, including a government, governmental subdivision, agency, or instrumentality, that conducts business in Nebraska and owns, licenses, or maintains computerized data including a Nebraska resident's personal information.
- Implement and maintain reasonable security procedures and practices appropriate to the nature and sensitivity of the personal information held and to the nature, size, and resources of the business and its operations, including safeguards that protect the information when it is disposed of.
- Where personal information is disclosed to a nonaffiliated third-party service provider, require by contract that the provider implement and maintain reasonable security procedures and practices of its own, appropriate to the nature of the information disclosed and reasonably designed to protect it from unauthorized access, acquisition, destruction, use, modification, or disclosure.
- A business already subject to and compliant with the Gramm-Leach-Bliley Act Title V regulations or HIPAA and HITECH regulations, or with a state or federal law providing greater protection, is deemed to comply.
- There is no private right of action; only the Attorney General may enforce this section, as a deemed violation of Neb. Rev. Stat. section 59-1602, seeking a civil penalty of up to $2,000 per violation under section 59-1614.
Nebraska Data Privacy Act, consumer rightssince 2 lines
Neb. Rev. Stat. § 87-1108 · Read the law's page
- Give a Nebraska consumer a means to confirm whether you process their personal data, access it, correct it, delete it, and receive a portable copy.
- Respond to a consumer rights request without undue delay and within 45 days of receipt, with one 45-day extension available.
Nebraska Data Privacy Act (NDPA), data protection assessmentssince 3 lines
Neb. Rev. Stat. § 87-1116 · Read the law's page
- Conduct and document a data protection assessment of each processing of personal data for targeted advertising, each sale of personal data, each profiling that presents a reasonably foreseeable risk of unfair or deceptive treatment, injury, an offensive intrusion or other substantial injury to any consumer, each processing of sensitive data, and any other processing activity that presents a heightened risk of harm to any consumer.
- Make each assessment weigh the direct or indirect benefits of the processing to you, the consumer, other stakeholders and the public against the risks to the consumer's rights as mitigated by safeguards, and factor in deidentified data, consumers' reasonable expectations, the context of the processing and your relationship with the consumer.
- Make an assessment requested under section 87-1121 available to the Attorney General pursuant to a civil investigative demand.