Nebraska enacts a comprehensive data privacy law

State Issues Privacy, Cyber Risk & Data Security Nebraska State Legislation Gramm-Leach-Bliley

On April 17 Nebraska enacted LB 1074 (the “Act”), establishing a comprehensive consumer data privacy law. The Act applies to a person that is not a small business (as determined under the federal Small Business Act) who conducts business in Nebraska or produces a product or service used by Nebraska consumers and who processes or sells personal data. The Act includes exemptions for certain classes of data, including data subject to the Gramm-Leach-Bliley Act, as well as for certain entities including state agencies, financial institutions and their affiliates, nonprofits, higher education institutions, and covered entities or business associates governed by the privacy, security, and breach notification rules issued by the Department of Health and Human Services.

The Act grants consumers the right to (i) request information about whether their data is being processed; (ii) access their data; (iii) correct inaccuracies; (iv) delete their data; (v) obtain a portable copy of their data; and (vi) opt out of certain uses of their data, such as targeted advertising, sale, or “profiling in furtherance of a decision that produces a legal or similarly significant effect concerning the consumer.” Controllers, defined as persons that determine the purpose and means of processing personal data, must respond to authenticated consumer requests within 45 days and may extend the period once by another 45 days if necessary. If a request is denied, consumers must be informed of the reasons and instructed on how to appeal to the Attorney General. Controllers must offer a free response to two requests per year from each consumer but may charge a fee or refuse to act if requests are unfounded or excessive. Controllers also must establish an appeals process for consumers whose requests are denied, and inform the consumer of the outcome of their appeal within 60 days.

Rights afforded to consumers under the Act cannot be waived or limited by contract or agreement. Further, under the Act, controllers must provide consumers with a clear privacy notice including information similar to that required under the Gramm-Leach-Bliley Act.  

The Act is effective on January 1, 2025 and enforceable by the Attorney General and does not provide a private right of action.