Nevada passes new data privacy law; California law remains more expansive

Nevada passes new data privacy law; California law remains more expansive

California’s new California Consumer Protection Act (CCPA), which includes impending data privacy legislation set to go into effect in 2020, quickly gained the reputation as the strictest privacy law in the country.

In May, Nevada’s Governor signed Nevada’s new data privacy legislation, which will take effect before California’s new law. Organizations who run websites that collect and maintain data must comply by October 1, 2019. Under the new law, operators need to establish a designated address through which internet users can request their information not be sold. Operators must comply with these requests within 60 days or 90 days if the operator determines that an extension is “reasonably necessary.”

Although a step in the right direction for consumer data protection, the effect of Nevada’s new law is much more limited than the CCPA.
While the CCPA grants consumer rights to access and/or portability and deletion of their data, the Nevada law only grants consumers the right to opt-out of having their data sold.

Unlike the CCPA’s fairly broad definition of the “sale” of data, the Nevada law essentially only covers the exchange of protected information for monetary consideration by an operator to a person, assuming the person will license or sell the covered information to additional persons.

The CCPA, on the other hand, defines a “sale” as “any selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.”

The CCPA is rather expansive when it comes to protected information, including data that “identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Nevada law is much less inclusive.

*This Nevada Law Primer is provided for informational purposes only. It is not intended as legal advice and does not create an attorney-client relationship between EPGR Lawyers and any recipients or readers.