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Nebraska Amends Data Breach Notification Law

On April 13, 2016, Nebraska’s breach notification statute was amended when Governor Pete Ricketts signed LB835 into law. The Amendment included a variety of changes, including a regulator notification requirement and broadens the definition of “personal information” in the state data breach notification statute, Neb. Rev. Stat. §87-802 – 87-804. These amendments become effective on July 20, 2016.

Specifically, the bill makes the following changes:

  • Attorney General Notification. The amendment requires notice to the State’s Attorney General concurrent with notice provided to affected individuals. These notices must be provided as soon as possible and without unreasonable delay consistent with law enforcement needs and the time necessary to determine the scope of the breach. This change follows a number of other states, such as California, Connecticut, Florida, Indiana, Maryland, Massachusetts, New Hampshire, New York, and North Carolina, which also require notification to the respective state’s Attorney General or other agency. Because the timing, form, content and manner of delivery of these notices vary state to state, organizations should take agency notifications into account when engaging in breach preparedness planning.

  • Personal Information Definition Expanded. The definition of “personal information” was amended to add a user name or email address, in combination with a password or security question and answer that would permit access to an online account, which, if acquired by an unauthorized person, would require notice. Recognizing the breadth of information consumers store online, Nebraska will become the fifth state, joining California, Florida, Nevada and Wyoming to require notification in the event of a breach of account credentials.

  • Encryption Exception Clarified. As amended, the state’s breach notification law provides that data will not be considered encrypted for purposes of avoiding notification if the breach of security includes acquisition of the encryption key or confidential encrypted method.

The notice obligations that are triggered when organizations have a breach of the security of their systems involving personal information continue to evolve. Preparedness is key so take some to develop a response plan, and practice it.

Jackson Lewis P.C. © 2019

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About this Author

Christopher E. Hoyme, Jackson Lewis, National Employer Defense Attorney, Legal Strategies, Lawyer
Principal

Christopher E. Hoyme is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. His accomplishments in employment law were recently recognized by his selection as 2015 Lawyer of the Year in Litigation – Labor and Employment for the Omaha metropolitan area by Best Lawyers® and U.S. News & World Report.

Mr. Hoyme represents management nationwide in all facets of employment litigation. He has successfully defended employers across the country in over 40 federal and state courts, as well as before...

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