Bill > SB220

Introduced Session

Legislative Counsel's Digest: Existing law requires an operator of an Internet website or online service which 1 collects certain items of personally identifiable information about consumers in this 2 State to make available a notice containing certain information relating to the 3 privacy of covered information collected by the operator. (NRS 603A.340) Section 4 6 of this bill revises the definition of the term operator to exclude certain 5 financial institutions and entities that are subject to certain federal laws concerning 6 privacy and certain persons who manufacture, service or repair motor vehicles. 7 Section 2 of this bill requires an operator to establish a designated request 8 address through which a consumer may submit a verified request directing the 9 operator not to make any sale of covered information collected about the consumer. 10 Section 1.6 of this bill defines the term sale to mean the exchange of covered 11 information for monetary consideration by the operator to a person for the person to 12 license or sell the covered information to additional persons. Section 2 prohibits an 13 operator who has received such a request from making any sale of any covered 14 information collected about the consumer. Section 7 of this bill authorizes the 15 Attorney General to seek an injunction or a civil penalty against an operator who 16 violates section 2. 17 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 603A of NRS is hereby amended by 1 adding thereto the provisions set forth as sections 1.3 to 2, inclusive, 2 of this act. 3 Sec. 1.3. Designated request address means an electronic 4 mail address, toll-free telephone number or Internet website 5 established by an operator through which a consumer may submit 6 to an operator a verified request. 7 Sec. 1.6. 1. Sale means the exchange of covered 8 information for monetary consideration by the operator to a 9 person for the person to license or sell the covered information to 10 additional persons. 11 2. The term does not include: 12 (a) The disclosure of covered information by an operator to a 13 person who processes the covered information on behalf of the 14 operator; 15 (b) The disclosure of covered information by an operator to a 16 person with whom the consumer has a direct relationship for the 17 purposes of providing a product or service requested by the 18 consumer; 19 (c) The disclosure of covered information by an operator to a 20 person for purposes which are consistent with the reasonable 21 expectations of a consumer considering the context in which the 22 consumer provided the covered information to the operator; 23 (d) The disclosure of covered information to a person who is 24 an affiliate, as defined in NRS 686A.620, of the operator; or 25 (e) The disclosure or transfer of covered information to a 26 person as an asset that is part of a merger, acquisition, bankruptcy 27 or other transaction in which the person assumes control of all or 28 part of the assets of the operator. 29 Sec. 1.8. Verified request means a request: 30 1. Submitted by a consumer to an operator for the purposes 31 set forth in section 2 of this act; and 32 2. For which an operator can reasonably verify the 33 authenticity of the request and the identity of the consumer using 34 commercially reasonable means. 35 Sec. 2. 1. Each operator shall establish a designated 36 request address through which a consumer may submit a verified 37 request pursuant to this section. 38 2. A consumer may, at any time, submit a verified request 39 through a designated request address to an operator directing the 40 operator not to make any sale of any covered information the 41 operator has collected or will collect about the consumer. 42 3. An operator that has received a verified request submitted 1 by a consumer pursuant to subsection 2 shall not make any sale of 2 any covered information the operator has collected or will collect 3 about that consumer. 4 4. An operator shall respond to a verified request submitted 5 by a consumer pursuant to subsection 2 within 60 days after 6 receipt thereof. An operator may extend by not more than 30 days 7 the period prescribed by this subsection if the operator determines 8 that such an extension is reasonably necessary. An operator who 9 extends the period prescribed by this subsection shall notify the 10 consumer of such an extension. 11

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Christopher Brooks (D)*,  Yvanna Cancela (D)*,  Nicole Cannizzaro (D)*,  David Parks (D)*,  Pat Spearman (D)*,  James Ohrenschall (D),  Joyce Woodhouse (D), 

Chapter 211. (on 05/30/2019)

Official Document