Quick Facts
Breach Based on Harm Threshold: No
Deadline for Consumer Notice: As soon as possible and without unreasonable delay
Government Notification Required: Yes
Scope of this Summary:
Notification requirements applicable tindividuals or commercial entities that conduct business in the state and that own, license, or maintain covered info. Some types of businesses may be exempt from some or all of these requirements, and non-commercial entities may be subject tdifferent requirements.
Risk of Harm Threshold
None
Breach Defined
Unauthorized acquisition that compromises the security, confidentiality, or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.
Encryption Safe Harbor
Statute does not apply tinformation that is encrypted, redacted, or otherwise altered in such a manner tmake it unreadable, slong as the encryption key was not accessed or acquired.
Form of Covered Info
Electronic Only
Covered Information
- A Nebraska resident's first name or first initial and last name in combination with any one or more of the following data elements:
- Social Security number.
- Motor vehicle operator's license number or state identification card number.
- Account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access ta resident's financial account.
- Unique electronic identification number or routing code, in combination with any required security code, access code, or password.
- Unique biometric data, such as a fingerprint, voice print, or retina or iris image, or other unique physical representation.
- A username or email address, in combination with a password or security question and answer, that would permit access tan online account.
Consumer Notice Timing
If, after a reasonable and prompt investigation conducted in good faith, covered entity determines that covered infhas been or is reasonably likely tbe used for an unauthorized purpose, notice taffected resident must be made as soon as possible and without unreasonable delay, consistent with any measures necessary tdetermine the scope and restore the reasonable integrity of the system.
Consumer Notice Method
By written notice, telephone notice, or electronic notice if consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.
Consumer Notice Content
The Nebraska statute does not include content requirements for the notice taffected individuals.
Delayed Notice
Notification may be delayed if law enforcement determines notice may impede a criminal investigation.
Government Notice
If notice tresidents is required, must alsnotify the Attorney General of the breach nlater than the time when residents are notified.
Consumer Reporting Agency Notice
The Nebraska statute does not require notification tcredit reporting agencies.
Exceptions for Other Laws
None
Third-Party Notice
If you maintain covered infon behalf of another entity, you must notify and cooperate with it after becoming aware of a breach if covered infhas been or is reasonably likely tbe used for an unauthorized purpose. Cooperation includes but is not limited tsharing the information relevant tthe breach but does not include sharing proprietary information.
Private Right of Action
The Nebraska general breach notification statute does not provide for a private right of action.
Potential Penalties
Violations may result in civil penalties.
This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.
Last revised on June 15, 2023