Law / United States / 
Nevada
Consumer Health Data, biometric data definition
In force since .
A sensitive categories rule binding private bodies.
- Excludes recording-derived identifiers
- No
- How the hook was established
- express
- What makes it apply
- Data subject residence
- Audit expectation
- none
What it requires
- Treat a voiceprint, faceprint, or other biometric identifier as regulated consumer health data in Nevada only where it is related to a health condition, diagnosis, treatment, or similar information under this chapter.
- Do not rely on any Nevada statute to cover a general-purpose voiceprint or faceprint you collect for identification, authentication, or marketing with no connection to health status. Nevada has no biometric-privacy statute reaching that use.
- Do not assume a photograph or video is exempt. Nevada's biometric data definition names facial imagery directly, with no carve-out for data derived from a recording.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Is a voiceprint or faceprint that a regulated entity uses only to verify a person's identity "consumer health data" under NRS 603A.430(1)(b), which reaches biometric data "related to" health information, when the entity does not use it to identify the person's health status?
What it makes you log
Logging duty
The sections cited are definitions (biometric data, collect, consumer, consumer health data), which state no duty to create, keep or produce a log or record. The consumer definition turns on residence in this State or collection of the data in this State; only the residence test is coded as a hook value. A regulated entity's reach (conducts business in this State or targets consumers here) is stated in 603A.465, outside the cited sections. The duty to retain a copy of a written authorization to sell consumer health data for at least six years after it expires is in 603A.535(8), also outside the cited sections.
- Kind
- None
- As of
What this law does
Nevada's only enacted biometric-data definition binds a controller only when the biometric data is related to a health condition, diagnosis, treatment, or similar information, making it "consumer health data" under this chapter; it does not operate as a general biometric-privacy statute.
"Biometric data" is defined broadly, including imagery of a fingerprint, palm print, hand print, scar, bodily mark, tattoo, voiceprint, face, retina, iris, or vein pattern, and keystroke or gait patterns or rhythms that contain identifying information, and unlike New Hampshire's, Kentucky's, Rhode Island's, and Vermont's definitions, it carries no exclusion for a photograph or recording at all, in either direction: imagery of a person's face is itself named as a form of biometric data.
A general-purpose voiceprint or faceprint collected for identification, authentication, or marketing, with no connection to health status, has no Nevada statutory home at all.
When LexLint raises it
When your app profile says your app processes biometric data or processes personal data.
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