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Can I ignore consumer requests for information or deletion in Nevada? What are the requirements?

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Requirements for Consumer Requests for Information or Deletion in Nevada

Nevada law provides consumers with certain rights regarding their personal information held by businesses. Businesses must comply with these rights and requirements. Below are the requirements for consumer requests for information or deletion in Nevada.

Disclosures to Consumer Regarding Consumer Report

Upon request and information sufficient to identify a consumer, a reporting agency shall:

  1. Clearly and accurately disclose to the consumer the nature and substance of the consumer report in its files which relates to him or her at the time of the request, and disclose the names of the institutional sources of information. If the consumer requests, the reporting agency shall provide a readable copy of the consumer report.
  2. Disclose the name of each person who has received from the reporting agency information concerning him or her: (a) Within the preceding 2 years for purposes of employment, promotion, reassignment or retention as an employee; or (b) Within the preceding 6 months for any other purpose. [1.1]

Person Who Takes Adverse Action Based on Consumer Report to Provide Certain Information to Consumer

If a person takes adverse action with respect to a consumer which is based on a consumer report from a reporting agency, the person shall:

  1. Notify the consumer of the action taken;
  2. Furnish him or her with the name and address of the reporting agency; and
  3. Inform him or her of his or her right to obtain a copy of the consumer report from the agency. [1.2]

Duties of Reporting Agency When Consumer Disputes Accuracy of Information in Its Files

If a consumer disputes the accuracy of any information in the files of a reporting agency which relates to him or her, and the reporting agency is made aware of the dispute by him or her, the reporting agency shall:

  1. Notify any institutional sources of the information and, as soon as is reasonably possible but not later than 30 days, complete a reinvestigation of the accuracy of the information unless the dispute is determined by the reporting agency to be frivolous or irrelevant.
  2. Correct its files accordingly and notify the consumer if it determines that the information is incorrect or can no longer be verified.
  3. Offer the consumer the opportunity to add to its file his or her own brief statement disputing or adding to the information. [1.3]

Submission of Verified Request to Operator Not to Sell Covered Information Collected by Operator; Response to Verified Request

Each operator shall establish a designated request address through which a consumer may submit a verified request. A consumer may, at any time, submit a verified request through a designated request address to an operator directing the operator not to make any sale of any covered information the operator has collected or will collect about the consumer. An operator that has received a verified request submitted by a consumer shall not make any sale of any covered information the operator has collected or will collect about that consumer. An operator shall respond to a verified request submitted by a consumer within 60 days after receipt thereof. [3.1]

Removal of Security Freeze Upon Request of Consumer

To authorize the removal of a security freeze that has been placed in the file of a consumer, the consumer must contact the reporting agency and request that the security freeze be removed. At the time of the request, the consumer must provide to the reporting agency sufficient identification to establish the identity of the consumer and the personal identification number or password provided by the reporting agency. A reporting agency that receives a request from a consumer shall, not later than 3 business days after receiving the request, remove the security freeze from the file of the consumer and send written notice to the consumer that the security freeze has been removed from the file of the consumer. [1.5]

Conclusion

Businesses in Nevada must comply with the requirements for consumer requests for information or deletion. Consumers have the right to request information about their personal information held by businesses and to request the deletion of their personal information. Businesses must respond to these requests within the timeframes specified by law. Failure to comply with these requirements may result in complaints and investigations by the Commissioner. [2.2]

Source(s):
Jurisdiction

Nevada