Not a Member? Get access to HR news and resources that you can trust.
Change can be scary, but deploying new HR software doesn't have to be.
Is your employee handbook ready for the New Year? With SHRM’s Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Get the HR education you need without travel expenses or time out of the office.
We don’t just visit a city, we take it over. Join the HR community in NOLA -- June 18-21, 2017.
On April 13, 2016, Nebraska’s breach notification statute was amended when Governor Pete Ricketts signed L.B. 835 into law. The amendment included a variety of changes, including a regulator notification requirement and broadens the definition of “personal information” in the state data breach notification statute, Neb. Rev. Stat. §87-802 – 87-804. These amendments become effective on July 20, 2016.
Specifically, the bill makes the following changes:
Attorney general notification. The amendment requires notice to the state’s attorney general concurrent with notice provided to affected individuals. These notices must be provided as soon as possible and without unreasonable delay consistent with law enforcement needs and the time necessary to determine the scope of the breach. This change follows a number of other states, such as California, Connecticut, Florida, Indiana, Maryland, Massachusetts, New Hampshire, New York and North Carolina, which also require notification to the respective state’s attorney general or other agency. Because the timing, form, content and manner of delivery of these notices vary state to state, organizations should take agency notifications into account when engaging in breach preparedness planning.
Personal information definition expanded. The definition of “personal information” was amended to add a user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account, which, if acquired by an unauthorized person, would require notice. Recognizing the breadth of information consumers store online, Nebraska will become the fifth state, joining California, Florida, Nevada and Wyoming to require notification in the event of a breach of account credentials.
Encryption exception clarified. As amended, the state’s breach notification law provides that data will not be considered encrypted for purposes of avoiding notification if the breach of security includes acquisition of the encryption key or confidential encrypted method.
The notice obligations that are triggered when organizations have a breach of the security of their systems involving personal information continue to evolve. Preparedness is key so take some time to develop a response plan, and practice it.
Christopher E. Hoyme is an attorney in the Omaha, Neb., office of Jackson Lewis. © Jackson Lewis. All Rights Reserved. Reposted with permission.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Your session has expired. Please log in again before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
HR Education in a City Near You
SHRM’s HR Vendor Directory contains over 3,200 companies