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Can I collect personal information from my customers in California in Nebraska? What are the requirements?

Collecting Personal Information from Customers in California in Nebraska

If you are collecting personal information from customers in California while being located in Nebraska, you must comply with the California Consumer Privacy Act (CCPA) [1.1]. The CCPA applies to businesses that collect personal information from California residents and meet certain criteria, such as having annual gross revenue of over $25 million, buying, selling, or sharing the personal information of 50,000 or more consumers, households, or devices for commercial purposes, or deriving 50% or more of their annual revenue from selling consumers’ personal information.

Under the CCPA, businesses must provide California residents with certain notices, such as a notice at or before the point of collection informing them of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used [1.1]. Additionally, businesses must provide California residents with the right to request that their personal information be deleted, among other rights.

Requirements for Disclosure of Personal Information Contained in Motor Vehicle Records

If you are seeking to disclose personal information contained in motor vehicle records, you must comply with the rules and regulations set forth in NEAC 250-2-04 [1.1]. These rules and regulations prohibit the disclosure of personal information or sensitive personal information about any person obtained by the Department in connection with a motor vehicle record, except as provided in the rules and regulations.

If you are authorized to disclose personal information contained in a motor vehicle record, you must comply with the procedure for verifying the identity of the requestor and the purpose of the requestor, as set forth in section 004.03 of the rules and regulations [1.1]. Additionally, you must comply with the purposes for which personal information contained in motor vehicle records may be disclosed, as set forth in section 004.04 of the rules and regulations [1.1].

Procedure for Requesting Disclosure of Personal Information Contained in Motor Vehicle Records

If you are requesting disclosure of personal information contained in a motor vehicle record, you must comply with the procedure set forth in NEAC 250-2-06 [1.2]. Any request for disclosure of personal information contained in a motor vehicle record must be made on either an Application for Copy of Driving Record form, an Application for Copy of Vehicle Record form, an Application for Multiple Driving Records form, or an Application for More Than One Vehicle Record form, and must contain a signed statement of the requestor whereby the requestor certifies that the information contained on the motor vehicle record(s) received will only be used as authorized by the Uniform Motor Vehicle Records Disclosure Act and acknowledges that the request is made with the understanding that any person making such a request who misrepresents either their identity or the purpose for the which the information is requested shall be guilty of a Class IV felony [1.2].

Any person requesting the disclosure of personal information contained in a motor vehicle record must furnish proof of identity as provided in section 004.03A2 of the rules and regulations [1.2].

Conclusion

If you are collecting personal information from customers in California while being located in Nebraska, you must comply with the CCPA. If you are seeking to disclose personal information contained in motor vehicle records, you must comply with the rules and regulations set forth in NEAC 250-2-04 and the procedure for requesting disclosure of personal information contained in motor vehicle records set forth in NEAC 250-2-06.

Source(s):
Jurisdiction

Nebraska, California