Nevada Beats California to the Punch — New Privacy Requirements To Take Effect in October
June 13, 2019
Authored by: BCLP and Goli Mahdavi
On May 29, 2019, Nevada adopted Senate Bill No. 220 emulating portions of the California Consumer Protection Act (“CCPA”) with respect to permitting individuals to opt out of the sale of their personal information. While Nevada may be the second state to pass legislation on the sale of personal information, its bill will be the first to go into force. SB 220 goes into effect October 1, 2019, before the CCPA’s current compliance deadline of January 1, 2020.
The net result is that companies that thought they had until the end of the year (or until the California Attorney General could bring an enforcement action in July of 2020) to fully comply with the opt-out-of-sale portion of the CCPA, may need to address the issue now in order to meet Nevada’s October deadline.
While the Nevada law does not expressly require notice to individuals of this right in the privacy policy like the CCPA, it does require companies establish a “designated address” to receive requests from individuals not to sell their personal information. The “designated address” is an email address, toll-free phone number, or internet website. The bottom line: companies should review their practices concerning the sale of personal information and consider revising their privacy policies before October to comply with the new Nevada law.
Although Senate Bill No. 220 incorporates the CCPA’s concept of permitting consumers to object to the sale of their information, it does not adopt any other concepts from the CCPA. In addition, it avoids many of the drafting