United States — Nebraska
§ 87-1103. Applicability of act to persons or entities.
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The Data Privacy Act applies only to certain persons and excludes several listed entities and organizations.
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United States — Nebraska
§ 87-1104. Information and records to which act is not applicable.
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This section says the Data Privacy Act does not apply to listed health, research, employment, and other specified information categories.
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§ 87-1105. Personal or household activity.
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The Act does not apply to personal data processing done for purely personal or household activity.
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§ 87-1106. Federal Children's Online Privacy Protection Act of 1998; compliance; effect.
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A controller or processor collecting online data is treated as complying with the Data Privacy Act’s parental-consent requirement if it meets COPPA verifiable parental consent rules and guidance as of January 1, 2024.
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§ 87-1107. Consumer rights; request to exercise.
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A consumer may ask a controller to exercise specified consumer rights, and a parent or legal guardian may do so for a known child’s personal data.
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§ 87-1108. Controller; compliance; procedure.
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A controller must respond to consumer rights requests under section 87-1107, usually within 45 days, and may extend once by another 45 days if needed.
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§ 87-1109. Appeal process.
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A controller must have a consumer appeal process, make it easy to find, respond in writing within 60 days, and give the consumer the Attorney General complaint mechanism if the appeal is denied.
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§ 87-1110. Consumer right; waiver or limitation; unenforceable.
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A contract term cannot waive or limit certain consumer rights; if it does, it is void and unenforceable.
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§ 87-1111. Consumer right; method to submit request.
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Controllers must offer secure ways for consumers to submit privacy requests and must not require a new account. Consumers may also use authorized agents to make opt-out requests.
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§ 87-1112. Controller; personal data; requirements on collection and use.
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A controller must limit personal data collection, use reasonable data security practices, and avoid certain processing and discrimination practices.
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§ 87-1114. Personal data; sale; process for advertising; disclosure; consumer action.
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If a controller sells personal data to a third party or uses it for targeted advertising, it must clearly disclose that process and how a consumer can opt out.
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§ 87-1115. Processor; duties; controller and processor, contract; requirements; liability.
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A processor must follow the controller’s instructions and help the controller meet Data Privacy Act requirements.
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§ 87-1116. Data protection assessment; requirements; confidentiality.
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A controller must conduct and document data protection assessments for certain personal-data processing activities, and must provide a requested assessment to the Attorney General.
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§ 87-1117. Deidentified data.
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A controller with deidentified data must take reasonable steps to keep it from being linked to an individual, publicly commit not to reidentify it, and require recipients to follow the Data Privacy Act.
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§ 87-1118. Sensitive data; sale; consent required.
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A covered person may not sell sensitive personal data without prior consumer consent.
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§ 87-1119. Attorney General; enforcement.
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The Attorney General has exclusive authority to enforce the Data Privacy Act.
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§ 87-1120. Attorney General; duties.
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The Attorney General must post specified Data Privacy Act information and an online complaint mechanism on the Attorney General’s website.
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§ 87-1121. Attorney General; powers.
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The Attorney General may issue civil investigative demands and may ask a controller to disclose a relevant data protection assessment.
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§ 87-1122. Controller or processor; notification of violations; response.
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Before suing under section 87-1124, the Attorney General must give the controller or processor written notice at least 30 days in advance, identifying the alleged violation. The Attorney General may not sue if the violation is cured within that period and the controller or processor gives the required written statement
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