Nebraska. Breach notification. Act

NE breach lawNebraska data breach notification law (Neb. Rev. Stat. §§ 87-801 to 87-808)

In force
Partly verifiedMedium confidence. No verification notes recorded.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about Nebraska residents to notify affected individuals after a security breach. Core timing rule: Individuals as soon as possible. Covered data: name plus SSN, driver's licence/ID, financial account with codes, electronic identifier/routing code, biometric data; online credentials.

Key themes
  • breach notification
  • personal information definition
  • regulator notice
  • consumer reporting agency notice
  • vendor-to-owner notice
  • encryption safe harbour
  • substitute notice
  • law enforcement delay
Unique features

Encryption safe harbour lost if the key was acquired; AG notice for every notifiable breach.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: Nebraska requires the maintaining entity to notify and cooperate with the owner when it becomes aware of a breach. The owner customer then carries the individual and regulator notices, so contracts should fix timelines and cooperation.

§2Obligations

Extraterritorial
Limited
Breach notification
Individuals as soon as possible; AG no later than individuals (any notifiable breach)
DPO
No
Cross-border transfers
None
Maximum penalty
AG may recover direct economic damages per affected resident

§3Dates

Key dates
  • Adopted
  • In force
  • LB 835 (2016, eff. 2016-07-20) added AG notice and online credentials

§4Text and authority

Text
Authority
Nebraska Attorney General

§5Where it applies

Domestic law of
Nebraska

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. No verification notes recorded.