NEVADA Nevada passed an amendment to its online privacy law requiring businesses to offer consumers a right to opt-out of the sale of their personal information. The amended law became effective October 1, 2019. Nevada’s law contains two significant changes to its existing online privacy law: (1) a requirement that businesses provide an online mechanism (or toll-free phone number) that permits consumers to opt-out of the “sale” of their personal information and (2) the exclusion of financial institutions subject to Gramm-Leach-Bliley, entities subject to HIPAA and certain motor vehicle manufacturers and servicers from the scope of the law. Existing Nevada Privacy Law Nevada’s online privacy law which has been in effect since 2017 applies to “operators” of websites and online services that collect certain personal information from Nevada consumers. “Covered Information” under the law is (1) a first and last name, (2) a home or other physical address which includes the name of a street and the name of a city or town, (3) An electronic mail address, (4) a telephone number. (5) a social security number, (6) an identifier that allows a specific person to be contacted either physically or online, (7) any other information concerning a person collected from the person through the Internet website or online service of the operator and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable. The primary requirement of the law is that operators must provide an online notice disclosing: • categories of covered information it collects, • categories of third parties with whom it shares covered information, • the process for consumers to review and request changes to their covered information, • the process for notification of material changes to the notice, and •whether it collects covered information about an individual consumer’s online activities.
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