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Nebraska, South Dakota enact legislation relating to security breaches and credit freezes

Privacy/Cyber Risk & Data Security State Issues State Legislation Data Breach Security Freeze

Privacy, Cyber Risk & Data Security

On March 1, the governor of South Dakota signed House Bill 1078 to revise certain provisions addressing the removal of credit security freezes. The amended act states that a security freeze will remain in place until a consumer requests the removal from the consumer reporting agency. The consumer reporting agency is then required to remove the freeze within three business days. Separately, on February 27, the governor signed House Bill 1127 (HB 1127) to revise certain provisions concerning fees charged for security freezes. Among other things, HB 1127 prohibits consumer reporting agencies from charging a fee for placing or removing a security freeze, and stipulates that a consumer reporting agency may advise a third party that a consumer’s credit report has been frozen.

On February 28, the governor of Nebraska approved Legislative Bill 757 strengthening certain provisions of the state’s Credit Report Protection Act and the Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006. Among other things, the amendments state that (i) any individual or commercial entity in the state that possesses computerized data containing personal information of Nebraska residents must maintain reasonable security and disposal procedures and practices; (ii) nonaffiliated third-parties with access to personal information must also maintain reasonable security and disposal procedures; and (iii) consumer reporting agencies must provide services free-of-charge for the placement or removal of a credit security freeze. The legislation also outlines additional violations under which the Nebraska Attorney General can enforce protection of consumer privacy in the event of a data breach.

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