Law / United States / 
Nebraska
Agricultural Data Privacy Act: Attorney General enforcement, $1,000 civil penalty per violation, and forty-five day cure for contract and security violations
Agricultural Data Privacy Act, Neb. Rev. Stat. §§ 87-1408 and 87-1409 (LB525, sections 8 and 9)
In force since .
An enforcement supervision rule binding public and private bodies.
- Obligation class
- Reporting
- Audit expectation
- none
What it requires
- If the Attorney General gives you written notice that you have violated the contract-term or data security provision of the Agricultural Data Privacy Act, cure each alleged violation within forty-five days of receiving the notice and give the Attorney General a written statement that each has been cured and that you will refrain from further violations, to avoid a civil penalty action (Neb. Rev. Stat. 87-1409(1) and (2)).
- Do not expect a notice and cure period for a sale of agricultural data without the producer's express written consent; the cure provision does not apply to a violation of that prohibition (Neb. Rev. Stat. 87-1409(3)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionNo
Penalty structure
Section 8 of LB 525 (Neb. Rev. Stat. 87-1408): the Attorney General may bring an action in the district court of Lancaster County against a controller or processor that violates the Agricultural Data Privacy Act to seek injunctive relief or to recover a civil penalty of $1,000 for each separate violation.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 1,000
Who enforces it
Enforcement body
Nebraska Attorney General, who may bring an action in the district court of Lancaster County against a controller or processor that violates the Agricultural Data Privacy Act to seek injunctive relief or recover a civil penalty of $1,000 for each separate violation (Neb. Rev. Stat. 87-1408(1)).
What record it asks for
Logging duty
Sections 8 and 9 give the Attorney General an enforcement action and a forty-five day cure with a written statement to the Attorney General. The written statement is a communication to the regulator and no log, record, retention period or audit is named.
- Kind
- None
- As of
What this law does
The Attorney General may bring an action in the district court of Lancaster County against any controller or processor that violates the Agricultural Data Privacy Act to seek injunctive relief or to recover a civil penalty of $1,000 for each separate violation. A civil penalty that is recovered is remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
The Agricultural Data Privacy Act creates no new private cause of action, and the Attorney General's enforcement authority is the exclusive remedy for violations of it. Before bringing an action to recover a civil penalty for a violation of section 6 or 7 of the act, the Attorney General must give the controller or processor written notice that identifies the specific provision allegedly violated.
No such action for a civil penalty may be initiated if, within forty-five days after receiving the written notice, the controller or processor cures each alleged violation and gives the Attorney General a written statement that each has been cured and that it will refrain from further violations. The notice and cure provision does not apply to any violation of section 5 of the act. The Agricultural Data Privacy Act has an operative date of .
When LexLint raises it
When your app profile says your app processes personal data.
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