Law / United States / Nebraska

Nebraska Data Privacy Act, consumer rights

Neb. Rev. Stat. § 87-1108

In force since .

A data subject rights rule binding private bodies.

How the hook was established
express
What makes it apply
Operator establishment, Market targeting
Audit expectation
none

What it requires

  • 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.

These lines are LexLint's reading of the law's text. Also read by: Office of the Nebraska Attorney General (guidance, recorded ).

In the frameworks

NIST Privacy Framework
  • CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Who enforces it

Settledness

As of
Guidance link
https://protectthegoodlife.nebraska.gov/rights-consumers
Guidance body
Office of the Nebraska Attorney General
Open questions
What counts as 'commercially reasonable efforts' to authenticate a consumer request under Neb. Rev. Stat. § 87-1108(5), and how much additional information may a controller demand as 'reasonably necessary' to authenticate the consumer and the request?

What it makes you log

Logging duty

Section 87-1108 sets the 45-day response, the written justification for declining a request, the free response twice a year, authentication, and the deletion shortcut. The controller bears the burden of demonstrating that a request is manifestly unfounded, excessive or repetitive (87-1108(4)), which allocates proof about a request and is not a record duty. Retaining a record of a deletion request is one of two routes to compliance for data obtained from another source (87-1108(6)(a)) and is optional. A consumer's access to their own data under 87-1107 is access to the data, not to a log. The Act applies to a person that conducts business in Nebraska or produces a product or service consumed by Nebraska residents (87-1103(1)(a)), and a consumer is defined as a Nebraska resident (87-1102(7)); both prongs of the applicability clause are coded as hooks and the residence definition is named here.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

The Nebraska Data Privacy Act gives a consumer the rights to access, correct and delete personal data, to obtain a portable copy, and to opt out of targeted advertising, sale and qualifying profiling. A controller must respond without undue delay and within 45 days after receipt of the request, with one 45-day extension available.

When LexLint raises it

When your app profile says your app makes high-risk automated decisions or processes personal data.

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