LB 1074 establishes comprehensive consumer data privacy obligations for businesses operating in Nebraska. The law, effective January 1, 2025, applies to businesses that:

• Conduct business in Nebraska or produce a product or service consumed by Nebraska residents;
• Process or sell personal data of Nebraska residents; or
• Are not considered small businesses under the federal Small Business Act.

Contrary to privacy laws in many other states, Nebraska's law does not require entities to meet specific thresholds, such as the number of consumers whose data is collected, to be subject to the law. In this context, "consumer" refers to individual, household residents of the State of Nebraska. "Personal data" is any non-public information that can be reasonably linked to an identifiable individual.

Similar to other state privacy laws, LB 1074 provides various exemptions based on the type of data and the entity's nature. The law carves out exceptions for:

• Financial institutions subject to the Gramm-Leach-Bliley Act;
• Higher education institutions;
• Entities covered by the Health Insurance Portability and Accountability Act (HIPAA); and
• Personal information regulated by the Fair Credit Reporting Act (FCRA), such as consumer reporting agencies like Certiphi Screening.

Posted: July 26, 2024

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