The Data Elimination and Limiting Extensive Tracking and Exchange Act (or the Delete Act) is a proposed bill in Nebraska designed to strengthen data privacy regulations. It introduces definitions for key terms such as "authorized agent," "data broker," and "opt-out," while specifying that the Act applies to certain entities and exempts others. The bill requires data brokers to maintain a clear notice on their websites regarding their status and to implement comprehensive information security programs to protect personal data. Additionally, data brokers must register annually with the Secretary of State, detailing their data practices and any security breaches, and face civil penalties for non-compliance.
Significant amendments include a framework for civil penalties for data brokers that submit materially incorrect registration information, with penalties starting at $25,000 and escalating to $1,000 per day if not corrected within thirty days. The bill also mandates the creation of an accessible deletion mechanism by January 1, 2028, allowing consumers to request the deletion of their personal data without charge. Data brokers are required to process these requests every forty-five days and undergo audits every three years. The Attorney General is empowered to enforce compliance and seek penalties for violations, while the Uniform Deceptive Trade Practices Act is amended to address deceptive practices related to personal data handling. Overall, the Delete Act aims to enhance consumer privacy rights and impose stricter regulations on data brokers in Nebraska.
Statutes affected: Introduced: 87-302