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Nevada Data Breach Laws: Consequences of Noncompliance

Like most states, Nevada requires that business owners notify affected customers about a data breach as quickly as possible. The state also requires businesses to report the breach to all consumer-reporting agencies when 1,000 or more Nevada residents are affected. If the Nevada attorney general suspects a person has violated this statute, they may file an injunction against the individual to limit their ability to conduct business.

Name of Law / Statute

N/A

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, electronic signature, alien registration #, passport #, employer id #, tax payer id #, Medicaid account #, food stamp account #, health insurance #, professional license #s, and utility account number

Who Is Subject to Law?

"Data collectors," defined as "government, businesses and associations who handle, collect, disseminate or otherwise deal with" PI

Notification of Consumers?

Yes, but only if breaches "materially compromise the security, confidentiality, or integrity of" PI

By what means?

Written or electronic; if >1000 residents, must notify consumer reporting agencies

Substitute Notice Threshold?

If cost of notice >$250,000 or involves >500k residents

Notification of authorities / regulators required?

No

By what means?

N/A

Regulatory Fines

N/A

Credit monitoring requirement?

N/A

Private lawsuits allowed?

No

Private damages cap?

N/A

Regulatory actions allowed?

N/A

HIPAA Compliance exemption?

N/A

Other  (e.g., timeframe)

Law does not apply if PI was encrypted (requires any business accepting payment cards to use encryption on data)

Link to complete law

http://www.leg.state.nv.us/nrs/nrs-603a.html

Read the full text of Nevada’s data breach law to learn more.

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