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Can I collect third-party data from participants in Nevada? What are the requirements?
Requirements for Collecting Third-Party Data from Participants in Nevada
Based on the provided context documents, it appears that there are specific requirements for collecting, using, safeguarding, handling, retaining, storing, disseminating, and destroying records of criminal history in Nevada [2.1]. However, it is unclear from the context whether collecting third-party data from participants in Nevada is allowed or what the requirements are.
The Nevada Revised Statutes (NRS) do not provide a clear definition of “third-party data.” Therefore, it is important to determine the specific type of data you wish to collect and the purpose for which it will be used.
Feasibility Study
If you are collecting data as part of a proposed project, a feasibility study may be required [2.1]. The study must include a description of the problem to be resolved, the objectives, scope, and anticipated results of the project, any proposed alternate course of action, sufficient information to allow the requesting agency and the Administrator to make decisions concerning the merits of the proposed project, an analysis of the costs and benefits, and a plan for the management of the project [2.1].
Depositions
If you need to take depositions of witnesses residing within or outside of Nevada, you may do so in the manner prescribed by the Nevada Rules of Civil Procedure for like depositions in civil actions in the district courts of this State [5.1]. You may also request subpoenas for witnesses to attend the hearing or deposition [5.1].
Confidentiality of Information
If you collect data pursuant to NRS 179A.175, which establishes a program for reporting crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression, the data must be used only for research or statistical purposes and must not contain any information that may reveal the identity of an individual victim of a crime [4.3]. The Central Repository shall make all data acquired pursuant to this section and data regarding any prosecution of a violation of NRS 207.185 and any sentence imposed pursuant to NRS 193.1675 available to the public [4.3].
Conclusion
In conclusion, the specific requirements for collecting third-party data from participants in Nevada depend on the type of data you wish to collect and the purpose for which it will be used. If you are collecting data as part of a proposed project, a feasibility study may be required. If you need to take depositions of witnesses, you may do so in the manner prescribed by the Nevada Rules of Civil Procedure. If you collect data pursuant to NRS 179A.175, the data must be used only for research or statistical purposes and must not contain any information that may reveal the identity of an individual victim of a crime.
Source(s):
- [2.1] Feasibility study: Determination of requirement; contents; participation by Division.
- [5.1] Depositions; taking of evidence in another state; rights of party to hearing to request subpoenas.
- [4.3] Establishing program; adoption of guidelines for collection of statistical data; report; data to be used only for research or statistical purposes; data to be made available to public; data to be provided to Federal Bureau of Investigation.
Jurisdiction
Nevada