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Can I collect location information from participants in Nevada? What are the requirements?

Requirements for Collecting Location Information in Nevada

If you are collecting location information from participants in Nevada, you must comply with specific requirements depending on the circumstances. Below are the relevant regulations that apply:

  1. Emergency Contact Information for Wireless Telecommunications Providers [1.1]: If you are a provider of wireless telecommunications, you must submit your emergency contact information to the Department to facilitate requests from law enforcement agencies for call location information in accordance with NRS 707.630. Such emergency contact information must be submitted annually and as soon as practicable following any change in emergency contact information.
  2. Registration Information Placed in Separate File; Inspection of Information; Information May Be Transmitted to Certain Agencies and Persons [2.1]: If you are collecting registration information pursuant to NRS 179C.170, you must keep the statements and fingerprints provided in a file separate and apart from other files and records maintained and kept by the sheriff or chief of police. Copies of those statements and fingerprints may be transmitted to certain agencies and persons, including the head of any federal law enforcement agency, any sheriff or chief of police of a municipality, and the head of any other law enforcement agency in any state or territory outside of Nevada, if a request is made in writing by such sheriff or other head of a law enforcement agency asking for the record of a certain person named therein, or for the record of a person whose fingerprints reasonably correspond with fingerprints submitted with the request, and stating that the record is deemed necessary for the use of that law enforcement officer or agency in or concerning the investigation of any crime, or any person who is accused of committing a crime, or any crime which is reported to have been committed, and further stating that the record will be used only for that purpose.
  3. Requirements for Collecting, Using, Safeguarding, Handling, Retaining, Storing, Disseminating and Destroying Records [3.1]: If you are an agency of criminal justice or authorized recipient, you must provide a means of collecting, using, safeguarding, handling, retaining, storing, disseminating and destroying its records of criminal history in accordance with the provisions of this chapter and chapter 179A of NRS, the Security Policy and the Administrative Policies of the Nevada Criminal Justice Information System, as adopted by reference in NAC 179A.038.
  4. Prerequisite to Dissemination of Records; Exceptions [5.1]: No agency of criminal justice in Nevada may disseminate any record of criminal history which includes information about a felony or a gross misdemeanor without first making inquiry of the Central Repository, to obtain the most current and complete information available, unless certain exceptions apply.
  5. Location Information for Wireless Telecommunications Providers [1.2]: If you are a provider of wireless telecommunications, you must provide call location information concerning the telecommunications device of a user to assist the law enforcement agency in responding to a call for emergency services or in an emergency situation that involves the immediate risk of death or serious physical harm. The provider of wireless telecommunications shall provide the most accurate call location information readily available, given any technical or other limitations that may affect the accuracy of the call location information in the relevant area.
  6. Records That May Be Disseminated Without Restriction; Records That Must Be Disseminated Upon Request [5.2]: An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which reflect convictions only or pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation. Records of criminal history must also be disseminated by an agency of criminal justice, upon request, to certain persons or governmental entities, including the person who is the subject of the record of criminal history for the purposes of NRS 179A.150, the Nevada Gaming Control Board, and the State Board of Nursing.

Based on the above regulations, it is clear that the collection of location information in Nevada is subject to specific requirements depending on the circumstances. If you are a wireless telecommunications provider, you are required to submit emergency contact information to the Department to facilitate requests from law enforcement agencies for call location information. Additionally, you are required to provide call location information to law enforcement agencies upon request in certain emergency situations. If you are collecting registration information pursuant to NRS 179C.170, you must keep the statements and fingerprints provided in a file separate and apart from other files and records maintained and kept by the sheriff or chief of police. If you are an agency of criminal justice or authorized recipient, you must provide a means of collecting, using, safeguarding, handling, retaining, storing, disseminating and destroying its records of criminal history in accordance with the provisions of this chapter and chapter 179A of NRS.

If you are not a wireless telecommunications provider, agency of criminal justice, or authorized recipient, it is unclear from the provided context what specific requirements apply to your situation. Therefore, if you need more information, it is recommended that you consult with a legal professional.

Note that this response is not intended to be legal advice and is for informational purposes only.

Source(s):
Jurisdiction

Nevada