You can add Nevada to the growing list of the states that are considering privacy-related legislation in the wake of last year’s enactment of the California Consumer Privacy Act (CCPA). Nevada is one of three states that already require certain entities to provide online privacy notices to disclose the types of personal information that they collect from consumers. Senate Bill 220 would supplement that existing law by allowing consumers to submit notices to businesses directing them not to sell any personal information the business has collected or will collect about the consumer (i.e., an opt-out). An entity that receives such a notice would be forbidden from selling the consumer’s personal information.

In addition to vesting the Attorney General’s office with enforcement authority, the proposed law would permit “any person injured by a violation of [the law to] bring an action for recovery of damages or for declaratory or equitable relief.” The proposed law would also authorize the court to award reasonable attorney’s fees and costs to a prevailing plaintiff. In comparison, the CCPA’s private right of action does not cover breaches of the CCPA’s privacy-related rights (which include additional rights such as the right to be forgotten and the right to access personal information).

Nevada’s proposed legislation – which was submitted on February 18, 2019, and referred to the Committee on Commerce and Labor – is significantly more limited in scope than the CCPA. Yet, the potential significance of creating a private right of action – and attorney’s fees – for violations of its requirements is not to be understated.

Other states that are considering privacy-related legislation include Washington, New Jersey, New York, New Mexico, Hawaii, Maryland, Massachusetts, and Rhode Island. The federal government also is threatening to take up the issue. For more information on privacy-related legislation, contact David Stauss.