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Nebraska businesses that suffer a data breach must call, email, or write the affected individuals as soon as possible. If the cost of notification is excessive, business owners can use substitute methods to fulfill this requirement (e.g., posting a notice
on their website). Businesses that are already regulated by federal law, such as healthcare providers governed by HIPAA, are in compliance when they follow the federal guidelines. When a company fails to comply with notification regulations, the Nebraska
attorney general has the right to issue subpoenas and seek monetary damages for each resident affected by a breach.
Name of Law / Statute
Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006
Definition of Protected Information
Combination of (1) name or other identifying info, PLUS (2) one or more of these "data" elements: SSN; driver's license number; or account number, credit card number, debit card number if accompanied by PIN, password, or
access codes PLUS unique biometric data (like fingerprints, retina scans, DNA profiles, or any other "unique physical representations")
Who Is Subject to Law?
Any person or business conducting business in the state who licenses or owns PI
Notification of Consumers?
Yes, but only if breaches "materially compromise the security, confidentiality, or integrity of" PI
By what means?
Written, phone, or electronic
Substitute Notice Threshold?
If cost of notice >$75,000 or involves >100k residents
Notification of authorities / regulators required?
No (civil action by AG)
Credit monitoring requirement?
Private lawsuits allowed?
Private damages cap?
Regulatory actions allowed?
HIPAA Compliance exemption?
Other (e.g., timeframe)
Law does not apply if PI was encrypted or redacted
Link to complete law
Nebraska's Data Breach Law
Read the full text of Nebraska’s data breach law for more information.