NV. SB 538. Internet Privacy.

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NV. SB 538. Internet Privacy.
Short Title
Official Text NV. SB 538. Internet Privacy.
Country/Jurisdiction United States
State or Province Nevada
Regulatory Bodies
Date Enacted
Scope of the Law
Information
Taxonomy Aggregation, Exclusion, Identification
Strategies
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Text of the law

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 603A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. “Consumer” means a person who seeks or acquires, by purchase or lease, any good, service, money or credit for personal, family or household purposes from the Internet website or online service of an operator.
Sec. 4. “Covered information” means any one or more of the following items of personally identifiable information about a consumer collected by an operator through an Internet website or online service and maintained by the operator in an accessible form:
1. A first and last name.
2. A home or other physical address which includes the name of a street and the name of a city or town.
3. An electronic mail address.
4. A telephone number.
5. A social security number.
6. An identifier that allows a specific person to be contacted either physically or online.
7. 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. Identification
Sec. 5. 1. “Operator” means a person who:
(a) Owns or operates an Internet website or online service for commercial purposes;
(b) Collects and maintains covered information from consumers who reside in this State and use or visit the Internet website or online service; and
(c) Purposefully directs its activities toward this State, consummates some transaction with this State or a resident thereof or purposefully avails itself of the privilege of conducting activities in this State.
2. The term does not include a third party that operates, hosts or manages an Internet website or online service on behalf of its owner or processes information on behalf of the owner of an Internet website or online service.
Sec. 6. 1. Except as otherwise provided in subsection 3, an operator shall make available, in a manner reasonably calculated to be accessible by consumers whose covered information the operator collects through its Internet website or online service, a notice that:
(a) Identifies the categories of covered information that the operator collects through its Internet website or online service about consumers who use or visit the Internet website or online service and the categories of third parties with whom the operator may share such covered information;
(b) Provides a description of the process, if any such process exists, for an individual consumer who uses or visits the Internet website or online service to review and request changes to any of his or her covered information that is collected through the Internet website or online service;
(c) Describes the process by which the operator notifies consumers who use or visit the Internet website or online service of material changes to the notice required to be made available by this subsection; :::(d) Discloses whether a third party may collect covered information about an individual consumer’s online activities over time and across different Internet websites or online services when the consumer uses the Internet website or online service of the operator; and
(e) States the effective date of the notice.
2. An operator may remedy any failure to comply with the provisions of subsection 1 within 30 days after being informed of such a failure.
3. The provisions of subsection 1 do not apply to an operator:
(a) Who is located in this State;
(b) Whose revenue is derived primarily from a source other than the sale or lease of goods, services or credit on Internet websites or online services; and
(c) Whose Internet website or online service has fewer than 20,000 unique visitors per year.
Sec. 7. An operator violates section 6 of this act if the operator:
1. Knowingly and willfully fails to remedy a failure to comply with the provisions of subsection 1 of that section within 30 days after being informed of such a failure; or
2. Makes available a notice pursuant to that section which contains information which constitutes a knowing and material misrepresentation or omission that is likely to mislead a consumer acting reasonably under the circumstances, to the detriment of the consumer.
Sec. 8. 1. The Attorney General shall enforce the provisions of sections 2 to 8, inclusive, of this act.
2. If the Attorney General has reason to believe that an operator, either directly or indirectly, has violated or is violating section 6 of this act, the Attorney General may institute an appropriate legal proceeding against the operator. The district court, upon a showing that the operator, either directly or indirectly, has violated or is violating section 6 of this act, may:
(a) Issue a temporary or permanent injunction; or
(b) Impose a civil penalty not to exceed $5,000 for each violation.
3. The provisions of sections 2 to 8, inclusive, of this act do not establish a private right of action against an operator.
4. The provisions of sections 2 to 8, inclusive, of this act are not exclusive and are in addition to any other remedies provided by law.
Sec. 9. NRS 603A.010 is hereby amended to read as follows: 603A.010 As used in NRS 603A.010 to 603A.920, inclusive, unless the context otherwise requires, the words and terms defined in NRS 603A.020, 603A.030 and 603A.040 have the meanings ascribed to them in those sections.
Sec. 10. NRS 603A.100 is hereby amended to read as follows: 603A.100 1. The provisions of NRS 603A.010 to 603A.920, inclusive, do not apply to the maintenance or transmittal of information in accordance with NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.
2. A data collector who is also an operator, as defined in section 5 of this act, shall comply with the provisions of sections 2 to 8, inclusive, of this act.
3. Any waiver of the provisions of NRS 603A.010 to 603A.920, inclusive, is contrary to public policy, void and unenforceable.
Sec.11. NRS 603A.920 is hereby amended to read as follows: 603A.920 If the Attorney General or a district attorney of any county has reason to believe that any person is violating, proposes to violate or has violated the provisions of NRS 603A.010 to 603A.920, inclusive, the Attorney General or district attorney may bring an action against that person to obtain a temporary or permanent injunction against the violation.
Sec. 12. NRS 122.0615 is hereby amended to read as follows: 122.0615 1. In each county whose population is 100,000 or more but less than 700,000, in which a commercial wedding chapel has been in business for 5 years or more, the board of county commissioners shall:
(a) Ensure that an office where marriage licenses may be issued is open to the public for the purpose of issuing such licenses from 8 a.m. to 12 a.m. every day, including holidays; or (b) Provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued pursuant to paragraph (a) is not open to the public. 2. In each county whose population is less than 100,000, in which a commercial wedding chapel has been in business in the county for 5 years or more, the board of county commissioners may provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued is not open to the public. 3. Except as otherwise provided in subsection 4, a program established pursuant to subsection 1 or 2 must authorize each commercial wedding chapel that has been in business in the county for 5 years or more to begin issuing marriage licenses upon filing with the county clerk a completed registration form prescribed by the board of county commissioners, along with a performance bond in the amount of $50,000. The performance bond must be conditioned upon the faithful performance of all statutory duties related to the issuance of marriage licenses and compliance with the provisions of [chapter 603A of] NRS 603A.010 to 603A.920, inclusive, that ensure the security of personal information submitted by applicants for a marriage license. 4. A commercial wedding chapel shall refer any application for a marriage license that includes the signature of a guardian for a minor applicant to the county clerk for review and issuance of the marriage license pursuant to NRS 122.040. 5. The county clerk of the county in which a commercial wedding chapel that issues marriage licenses pursuant to this section is located shall provide to the commercial wedding chapel, without charge, any materials necessary for the commercial wedding chapel to issue marriage licenses. The number of marriage licenses that the commercial wedding chapel may issue must not be limited. 6. A commercial wedding chapel that issues marriage licenses pursuant to this section shall comply with all statutory provisions governing the issuance of marriage licenses in the same manner as the county clerk is required to comply, and shall:

(a) File the original application for a marriage license with the county clerk on the first available business day after completion of the application; (b) Collect from an applicant for a marriage license all fees required by law to be collected; and (c) Remit all fees collected to the county clerk, in the manner required by the standard of practice adopted by the county clerk. 7. The records of a commercial wedding chapel that issues marriage licenses pursuant to this section which pertain to the issuance of a marriage license are public records and must be made available for public inspection at reasonable times. Such a commercial wedding chapel shall comply with the provisions of [chapter 603A of] NRS 603A.010 to 603A.920, inclusive, in the same manner as all other data collectors to ensure the security of all personal information submitted by applicants for a marriage license. 8. The persons to whom a commercial wedding chapel issues a marriage license may not be joined in marriage in any county other than the county in which the marriage license is issued. 9. A commercial wedding chapel that violates any provision of this section is guilty of a misdemeanor.



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Sec. 6. 1. Except as otherwise provided in subsection 3, an operator shall make available, in a manner reasonably calculated to be accessible by consumers whose covered information the operator collects through its Internet website or online service, a notice that: (a) Identifies the categories of covered information that the operator collects through its Internet website or online service about consumers who use or visit the Internet website or online service and the categories of third parties with whom the operator may share such covered information; (b) Provides a description of the process, if any such process exists, for an individual consumer who uses or visits the Internet website or online service to review and request changes to any of his or her covered information that is collected through the Internet website or online service; (c) Describes the process by which the operator notifies consumers who use or visit the Internet website or online service of material changes to the notice required to be made available by this subsection; (d) Discloses whether a third party may collect covered information about an individual consumer’s online activities over time and across different Internet websites or online services when the consumer uses the Internet website or online service of the operator; and (e) States the effective date of the notice. 2. An operator may remedy any failure to comply with the provisions of subsection 1 within 30 days after being informed of such a failure. 3. The provisions of subsection 1 do not apply to an operator: (a) Who is located in this State; (b) Whose revenue is derived primarily from a source other than the sale or lease of goods, services or credit on Internet websites or online services; and (c) Whose Internet website or online service has fewer than 20,000 unique visitors per year. Sec. 7. An operator violates section 6 of this act if the operator: 1. Knowingly and willfully fails to remedy a failure to comply with the provisions of subsection 1 of that section within 30 days after being informed of such a failure; or 2. Makes available a notice pursuant to that section which contains information which constitutes a knowing and material misrepresentation or omission that is likely to mislead a consumer acting reasonably under the circumstances, to the detriment of the consumer. Sec. 8. 1. The Attorney General shall enforce the provisions of sections 2 to 8, inclusive, of this act. 

2.    If  the  Attorney  General  has  reason  to  believe  that  an  operator,  either  directly  or  indirectly,  has  violated  or  is  violating  section  6  of  this  act,  the  Attorney  General  may  institute  an  appropriate  legal  proceeding  against  the  operator.  The  district  court,   upon   a   showing   that   the   operator,   either   directly   or   indirectly, has violated or is violating section 6 of this act, may: (a)  Issue a temporary or permanent injunction; or      (b)  Impose  a  civil  penalty  not  to  exceed  $5,000  for  each  violation.       3.      The  provisions  of  sections  2  to  8,  inclusive,  of  this  act  do  not establish a private right of action against an operator.       4.      The  provisions  of  sections  2  to  8,  inclusive,  of  this  act  are  not  exclusive  and  are  in  addition  to  any  other  remedies  provided  by law.      Sec.     9.       NRS 603A.010 is hereby amended to read as follows:      603A.010      As   used   in   [this   chapter,]NRS   603A.010   to   603A.920,  inclusive,  unless  the  context  otherwise  requires,  the  words   and   terms   defined   in   NRS   603A.020,   603A.030   and   603A.040 have the meanings ascribed to them in those sections.     Sec.     10.       NRS 603A.100 is hereby amended to read as follows:      603A.100    1.    The  provisions  of  [this  chapter]NRS  603A.010  to   603A.920,   inclusive,   do   not   apply   to   the   maintenance   or   transmittal  of  information  in  accordance  with  NRS  439.581  to  439.595, inclusive, and the regulations adopted pursuant thereto.      2.          A  data  collector  who  is  also  an  operator,  as  defined  in  section 5 of this act, shall comply with the provisions of sections 2 to 8, inclusive, of this act.      3.          Any   waiver   of   the   provisions   of   [this   chapter]NRS 603A.010  to  603A.920,  inclusive,  is  contrary  to  public  policy,  void  and unenforceable.     Sec.     11.       NRS 603A.920 is hereby amended to read as follows:       603A.920      If  the  Attorney  General  or  a  district  attorney  of  any  county has reason to believe that any person is violating, proposes to violate   or   has   violated   the   provisions   of   [this   chapter,]NRS 603A.010  to  603A.920,  inclusive,  the  Attorney  General  or  district  attorney   may   bring   an   action   against   that   person   to   obtain   a   temporary or permanent injunction against the violation.      Sec.     12.       NRS 122.0615 is hereby amended to read as follows:       122.0615      1.      In  each  county  whose  population  is  100,000  or  more but less than 700,000, in which a commercial wedding chapel has  been  in  business  for  5  years  or  more,  the  board  of  county  commissioners shall:

(a) Ensure that an office where marriage licenses may be issued is open to the public for the purpose of issuing such licenses from 8 a.m. to 12 a.m. every day, including holidays; or (b) Provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued pursuant to paragraph (a) is not open to the public. 2. In each county whose population is less than 100,000, in which a commercial wedding chapel has been in business in the county for 5 years or more, the board of county commissioners may provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued is not open to the public. 3. Except as otherwise provided in subsection 4, a program established pursuant to subsection 1 or 2 must authorize each commercial wedding chapel that has been in business in the county for 5 years or more to begin issuing marriage licenses upon filing with the county clerk a completed registration form prescribed by the board of county commissioners, along with a performance bond in the amount of $50,000. The performance bond must be conditioned upon the faithful performance of all statutory duties related to the issuance of marriage licenses and compliance with the provisions of [chapter 603A of] NRS 603A.010 to 603A.920, inclusive, that ensure the security of personal information submitted by applicants for a marriage license. 4. A commercial wedding chapel shall refer any application for a marriage license that includes the signature of a guardian for a minor applicant to the county clerk for review and issuance of the marriage license pursuant to NRS 122.040. 5. The county clerk of the county in which a commercial wedding chapel that issues marriage licenses pursuant to this section is located shall provide to the commercial wedding chapel, without charge, any materials necessary for the commercial wedding chapel to issue marriage licenses. The number of marriage licenses that the commercial wedding chapel may issue must not be limited. 6. A commercial wedding chapel that issues marriage licenses pursuant to this section shall comply with all statutory provisions governing the issuance of marriage licenses in the same manner as the county clerk is required to comply, and shall: 

 (a)   File  the  original  application  for  a  marriage  license  with  the  county  clerk  on  the  first  available  business  day  after  completion  of  the application;      (b)  Collect  from  an  applicant  for  a  marriage  license  all  fees  required by law to be collected; and       (c)   Remit  all  fees  collected  to  the  county  clerk,  in  the  manner  required by the standard of practice adopted by the county clerk.      7.    The  records  of  a  commercial  wedding  chapel  that  issues  marriage  licenses  pursuant  to  this  section  which  pertain  to  the  issuance of a marriage license are public records and must be made available   for   public   inspection   at   reasonable   times.   Such   a   commercial  wedding  chapel  shall  comply  with  the  provisions  of  [chapter  603A  of]  NRS  603A.010  to  603A.920,  inclusive,  in  the  same manner as all other data collectors to ensure the security of all personal information submitted by applicants for a marriage license. 8.    The persons to whom a commercial wedding chapel issues a marriage license may not be joined in marriage in any county other than the county in which the marriage license is issued. 9.    A commercial wedding chapel that violates any provision of this section is guilty of a misdemeanor.      Sec.     13.    (Deleted  by  amendment.)  2006:00, 13 March 2020 (PDT)17
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