The Data Elimination and Limiting Extensive Tracking and Exchange Act (or the Delete Act) is a proposed bill aimed at strengthening data privacy protections for consumers in Nebraska. It introduces new definitions and requirements for data brokers, mandating them to implement a comprehensive information security program tailored to their size and data handling practices. The bill requires data brokers to post clear notices on their websites, register annually with the Secretary of State, and disclose detailed information about their data practices, including any security breaches from the previous year. Additionally, it establishes procedures for verifying user identities when accessing personal data and allows individuals to opt-out of data processing.

The Delete Act also imposes significant penalties for non-compliance, including a civil penalty of $25,000 for filing materially incorrect registration information, with an additional $1,000 per day for failure to correct such information within 30 days. It mandates the Secretary of State to create a deletion mechanism by January 1, 2028, enabling consumers to request the deletion of their personal data. Starting August 1, 2028, data brokers will be required to process deletion requests every 45 days and undergo audits every three years to ensure compliance. The Attorney General will have the authority to enforce these provisions, including collecting civil penalties and seeking injunctive relief for violations, while also amending the Uniform Deceptive Trade Practices Act to address deceptive practices related to personal data handling.

Statutes affected:
Introduced: 87-302