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 maintain a comprehensive information security program tailored to their size and data handling practices. Data brokers will be required 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. Violations of these provisions will be classified as deceptive trade practices, and data brokers must implement reasonable procedures to ensure personal data is used legitimately and verify the identity of users requesting access to their data.

The bill also establishes a framework for data brokers to correct incorrect information in their registrations, imposing civil penalties for non-compliance, including a $25,000 penalty for registration violations and $1,000 per day for failure to correct information within thirty days. It mandates the creation of a deletion mechanism by January 1, 2028, allowing consumers to request the deletion of their personal data, with data brokers required to process these requests every forty-five days. Non-compliance will incur a civil penalty of $200 per day for each unfulfilled deletion request. The Attorney General will have the authority to enforce these provisions, and the bill amends the Uniform Deceptive Trade Practices Act to enhance consumer protection related to personal data handling.

Statutes affected:
Introduced: 87-302