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.
(1) A controller in possession of deidentified data shall: (a) Take reasonable measures to ensure that the data cannot be associated with an individual; (b) Publicly commit to maintaining and using deidentified data without attempting to reidentify the data; and (c) Contractually obligate any recipient of the deidentified data to comply with the Data Privacy Act. (2) The Data Privacy Act shall not be construed to require a controller or processor to: (a) Reidentify deidentified data or pseudonymous data; (b) Maintain data in identifiable form or obtain, retain, or access any data or technology for the purpose of allowing the controller or processor to associate a consumer request with personal data; or (c) Comply with an authenticated consumer rights request under section 87-1107, if the controller: (i) Is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data; (ii) Does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with other personal data about the same specific consumer; and (iii) Does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor, except as otherwise permitted by this section. (3) The consumer rights under subdivisions (2)(a) through (d) of section 87-1107 and controller duties under section 87-1112 do not apply to pseudonymous data in any case in which the controller is able to demonstrate any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing the information. (4) A controller that discloses pseudonymous data or deidentified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or deidentified data is subject and shall take appropriate steps to address any breach of the contractual commitments. History: Laws 2024, LB1074, § 17.