Cybersecurity Policy Report, Nebraska Governor Signs Data Privacy Act Into Law, (Apr 19, 2024)
Organizations Mentioned:Consumer Reports
Nebraska Gov. Jim Pillen (R.) has signed into law an omnibus legislative package that includes LB 1074 to enact the Nebraska Data Privacy Act. The new law will take effect July 1, 2025.
Gov. Pillen’s signature makes Nebraska the 16th state to enact a comprehensive consumer data privacy law and the fourth state this year. New Jersey, New Hampshire, and Kentucky have enacted similar bills, and Maryland’s proposal is awaiting the governor’s signature.
The new law will give consumers the right to know the information companies have collected about them, the right to correct and delete their information, and the ability to use universal opt-out mechanisms to make opt-out requests simpler.
The provisions of the new law will apply to entities that conduct business in the state or produce a product or service consumed by residents of the state; process personal data of state residents; and are not small businesses as determined under the federal Small Business Act.
The measure gives the state attorney general the exclusive authority to enforce the act. The attorney general, however, must give potential violators 30 days to cure an alleged violation before initiating an action.
Consumer Reports today called on the state Legislature to strengthen the new law. Consumer Reports criticized the measure because it applied only to businesses that sold personal information and were not a small business under the Small Business Act definition, “leaving a wide swath of personal information unprotected.”
The law also contains “insufficient enforcement mechanisms and allows companies to discriminate against consumers who exercise their right to opt out by denying service or charging extra,” according to the consumer advocate.
“Nebraska lawmakers should use the next legislative session to make much needed improvements to strengthen this law,” said Matt Schwartz, policy analyst at Consumer Reports. “While we appreciate Nebraska for its work to pass a privacy bill, this legislation falls short. The law does include a universal opt-out, but it should apply to all businesses that collect significant amounts of personal data and should include enforcement mechanisms that will actually incentivize them to comply the first time around. Consumers deserve stronger protections than the ones this law provides.”
News: StateLegislation DataPrivacy