Nevada introduces consumers’ right to opt-out of sales of certain information

Photo by Blake Wisz on Unsplash

 

 

On May 23, 2019, Nevada’s Senate approved NV SB 220; an act prohibiting website operators collecting information from consumers from making any sale of certain information about a consumer-like address, email, SSN or phone number – if so directed by the consumer.

SB 220 modifies the Nevada Privacy of Information Collected Online (NPICIC) law (NRS Chapter 603A) which requires website operators collecting certain personally identifiable information about Nevada consumers to make available a notice containing certain information relating to the privacy of the collected information.

The Law concerns “operators”, which means persons who (a) own or operate an Internet website or online service for commercial purposes; (b) collect and maintain covered information from consumers who reside in Nevada or visit the Internet website or online service; and (c) purposefully direct their activities toward Nevada, consummate some transaction with this State or a resident thereof, or otherwise engage in any activity that constitutes sufficient nexus with Nevada.

SB 220 excludes financial institutions subject to certain federal laws concerning privacy and certain persons who manufacture, service or repair motor vehicles.

The Bill didn’t modify the definition of covered information, which includes first and last name, home or other physical address an electronic mail address, telephone number, social security number, or any other identifier that allows a specific person to be contacted or personally identifiable (see NRS Chapter 603A.320).

The operator must establish a designated request address through which a consumer may submit a request directing the operator not to make any sale of covered information.

SB 220 authorizes the Attorney General to seek an injunction or a civil penalty (not to exceed $5,000 for each violation) against an operator who violates the prohibition.

The provisions related to opt-out of sales went into effect on October 1, 2019.

 

 

Nevada Senate Bill 220 is available at https://legiscan.com…                                SB220_EN- Open PDF

 

For more information and assistance on how privacy rules could impact your business, contact  Francesca Giannoni-Crystal and Federica Romanelli.