On May 29, 2019, Nevada Governor Steve Sisolak signed into law Senate Bill 220, an act that amends Nevada’s existing online privacy notice law. This amendment will make Nevada the first state to join California in granting consumers the right to opt out of the sale of their personal information. While providing similar rights to consumers, the Nevada law will differ in some respects from California’s Consumer Privacy Act (the “CCPA”).
First, as part of Nevada’s existing online privacy law, SB 220 will apply only to online activities.
Second, the SB 220 sale opt-out right will be more limited in scope than the concurrent right in the CCPA. The Act will apply only to “consumers” which are defined as persons seeking or acquiring goods or services for personal, family, or household purposes. Additionally, SB 220 will limit “covered information” to “personally identifiable information” about a consumer, which is defined as a first and last name, home or other physical address (which includes the name of a street and the name of a city or town), electronic mail address, telephone number, social security number, an identifier that allows a specific person to be contacted either physically or online, and any other information concerning a person collected from the person through the Internet 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. This is in contrast to the CCPA that broadly defines “personal information” as any information capable of being associated with a “particular consumer or household.”
Finally, while the CCPA includes non-monetary exchanges in the definition of “sale,” SB 220 would apply only to an exchange of covered information for monetary consideration.
The Act does not provide for a specific effective date, therefore, according to Nevada law, it will take effect on October 1, 2019.
