Law / United States / 
Nebraska
Agricultural Data Privacy Act: producer ownership of agricultural data and no sale without express written consent
Agricultural Data Privacy Act, Neb. Rev. Stat. §§ 87-1404 and 87-1405 (LB525, sections 4 and 5)
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
- Audit expectation
- none
What it requires
- If you are a controller or processor that collects, stores or uses agricultural data linked or reasonably linked to an identified or reasonably identifiable Nebraska agricultural producer, do not engage in the sale of that agricultural data without the producer's express written consent (Neb. Rev. Stat. 87-1405(1)).
- Obtain the producer's written consent to a sale through a clear and conspicuous disclosure that is separate from your primary terms of service or data use agreement (Neb. Rev. Stat. 87-1405(2)).
- Treat the agricultural producer as the owner and controller of agricultural data that originates from its farm, land, device or equipment; your own right of control is nonexclusive, is limited to providing services, maintaining equipment or performing data processing the producer authorizes, and does not include selling the data (Neb. Rev. Stat. 87-1404(2) to (4)).
- Check the exclusions before treating a transfer as a sale: a disclosure to a processor, a transfer to an affiliate, a disclosure the producer directs in writing, a disclosure the law requires and the other cases in Neb. Rev. Stat. 87-1403(13)(b) are not a sale.
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
Section 5 bars a controller or processor from selling agricultural data without the producer's express written consent and sets how that consent is obtained. It sets no log, record, retention period or audit, and names no one who may demand a record.
- Kind
- None
- As of
What this law does
Agricultural data is any agronomic, climate and weather, land, livestock, management or sustainability data that is collected, produced or generated in Nebraska and linked or reasonably linked to an identified or reasonably identifiable agricultural producer. Agricultural data does not include aggregated data, derived data, or data that an agency makes available to the general public.
An agricultural producer is the owner, and has control, of the agricultural data that originates from the producer's farm, land, device or equipment. A controller or processor that collects, stores or uses agricultural data is deemed to have a nonexclusive right of control over it solely for the purpose of providing services, maintaining equipment, or performing data processing the producer authorizes.
The nonexclusive right of control that a controller or processor holds does not include the power to engage in the sale of the agricultural data. A controller or processor may not engage in the sale of agricultural data without the express written consent of the agricultural producer. Written consent for the sale of agricultural data must be obtained through a clear and conspicuous disclosure that is separate from the primary terms of service or data use agreement.
A sale of agricultural data is the exchange of agricultural data for monetary or other valuable consideration by a controller or processor to a third party.
A sale does not include a disclosure or transfer to a processor, a processor's authorized use, a disclosure, transfer or use to provide a service to the producer, a transfer to an affiliate, a disclosure the producer directs or authorizes in writing, a disclosure that law requires, a disclosure required for safety, emissions or environmental compliance, a disclosure the producer intentionally made public through mass media, a transfer as an asset in a merger, acquisition, bankruptcy or other transaction, or a use reasonably necessary to detect, prevent or respond to fraud, abuse, cybersecurity threats, illegal conduct, data integrity issues or equipment misuse.
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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