Nevada recently joined California as the second state to require that operators of websites and online services post public notices outlining their privacy practices. The Nevada law, which went into effect on July 1, requires that the posted notice on the website or online service do the following:
- Identify the categories of “covered information” collected through the site.
- Describe the process for consumers to review and request changes to the covered information collected through the site.
- Describe the process by which the operator notifies consumers of material changes to the notice.
- Disclose whether third parties may collect information about a consumer’s online activities over time and across different websites when the consumer uses the site.
- List an effective date.
Covered information is defined to include personally identifiable information about a consumer that includes:
- A first and last name.
- A home or other physical address that includes the name of a street and the name of a city or town.
- An electronic mail address.
- A telephone number.
- A social security number.
- An identifier that allows a specific person to be contacted either physically or online.
- Information concerning a person collected from the person through the 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.
Similar to the California law, Nevada’s law does not provide for a private right of action. The Nevada law will be enforced by the attorney general and the remedies include injunctive relief as well as civil penalties “not to exceed $5,000” per violation.
Nevada’s law differs from the California law in that there is no requirement to disclose how Nevada operators respond to web browser “do not track” signals. In addition, Nevada operators are not required to respond to customer requests for information about how covered information is shared with third parties or provide an opportunity to opt out of such sharing.