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This site is the personal page of Anthony J. Witkowski III. I am a recent graduate of Northeastern Law and the two projects are the result of two classes, Internet Law & Information Security Law, in the Fall Quarter of 2017. Please visit the About page for more recent work.

Nevada Statutes § 603A.020 (Definition) & § 603A.220 et seq

Enacted:  6.17.2005; 6.12.2017 (considerable revisions)

Type of Data Covered: Computerized or electronic data. 

Is Breach Defined?

“Breach of the security of the system data” means unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of personal information maintained by the data collector. The term does not include the good faith acquisition of personal information by an employee or agent of the data collector for a legitimate purpose of the data collector, so long as the personal information is not used for a purpose unrelated to the data collector or subject to further unauthorized disclosure."

When is notice required?

Notice is required for all affected residents "in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement...or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system data." Notice may be written, electronic, or via "substitute notice" procedures, depending on circumstances. Any breach affecting over 1,000 residents triggers a reporting requirement to consumer credit agencies as well. Despite the recent round of amendments, Nevada has not included specifications about the content of the notice. However, this section is part of a larger statute that introduces standards for security for data collectors, suggestions on encryption, and the possibility of regulatory guidance from the Office of Information Security.  

What are the penalties for non-compliance?

Violations have their own section of the law, § 603A.920, which reads as follows: 

"If the Attorney General or a district attorney of any county has reason to believe that any person is violating, proposes to violate or has violated the provisions of this chapter, the Attorney General or district attorney may bring an action against that person to obtain a temporary or permanent injunction against the violation."