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Can I collect personal information from participants in Nebraska? What are the requirements?

Personal Information Collection Requirements in Nebraska

Nebraska has several regulations regarding the collection of personal information. Below are the relevant regulations based on the provided documents:

  • The Nebraska Student Data Privacy and Security Act (NSDPSA) regulates the collection, storage, and use of student data by educational agencies or institutions. It requires that educational agencies or institutions obtain written consent from parents or eligible students before collecting personal information, and that they take reasonable measures to protect the confidentiality and security of the data [2.1].
  • The Nebraska Address Confidentiality Program (ACP) allows victims of domestic violence, sexual assault, stalking, or other crimes to keep their addresses confidential by using a substitute address. The ACP prohibits the disclosure of a participant’s actual address, except as authorized by law [3.1][3.2][3.3][5.1].
  • The Nebraska Department of Health and Human Services regulates the collection and use of data from certain disease or injury registries. Any data released must not be used to identify individuals and must be de-identified if possible. Additionally, the cost of data retrieval and processing must be paid by the requester [4.1].
  • The Nebraska Department of Education regulates the collection, storage, and use of student data by educational agencies or institutions. It requires that educational agencies or institutions obtain written consent from parents or eligible students before collecting personal information, and that they take reasonable measures to protect the confidentiality and security of the data [2.1].
  • The Nebraska Department of Education also requires that educational agencies or institutions designate certain types of information as “directory information,” which can be disclosed without consent unless the parent or eligible student opts out in writing [2.2].
  • Private, denominational, and parochial schools in Nebraska that elect not to meet all state accreditation or approval requirements must comply with certain rules and regulations governing the procedures for exemption. Parents or legal guardians of a child who will attend an exempt school must comply fully with the requirements as outlined in the Nebraska Administrative Code, and begin educating the child accordingly [6.1].

Therefore, before collecting personal information in Nebraska, it is important to review the relevant regulations and ensure that all necessary authorizations and procedures are followed. Educational agencies or institutions must obtain written consent from parents or eligible students before collecting personal information, and must take reasonable measures to protect the confidentiality and security of the data. Additionally, the Nebraska Address Confidentiality Program prohibits the disclosure of a participant’s actual address, except as authorized by law.

[2.1]: NEAC 92-06-01 [3.1]: NEAC 440-7-01 [3.2]: NEAC 440-9-01 [4.1]: NEAC 186-5-03 [3.3]: NEAC 440-7-02 [5.1]: NEAC 440-10-02 [2.2]: NEAC 92-06-03 [6.1]: NEAC 92-13-01

Source(s):
Jurisdiction

Nebraska