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Can I ignore my obligations as a service provider with access to personal information in Nevada? What are the requirements?

To answer your question, no, you cannot ignore your obligations as a service provider with access to personal information in Nevada. The Nevada Revised Statutes (NRS) have specific requirements for service providers with access to personal information.

Obligations of Service Providers with Access to Personal Information

According to NRS 603A.210, a data collector that maintains records containing personal information of a resident of Nevada must implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure. Additionally, a contract for the disclosure of personal information must include a provision requiring the person to whom the information is disclosed to implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure [1.2].

Obligations of Providers of Service Contracts

If you are a provider of service contracts, you are obligated to repair, replace, or perform maintenance on goods, or to indemnify the holder for the costs of repairing, replacing, or performing maintenance on goods [2.3]. You must maintain records of the transactions governed by NRS 690C, including a copy of each type of service contract that you issue, sell, or offer for sale, the name and address of each holder who possesses a service contract under which you have a duty to perform, a list that includes each location where you issue, sell, or offer for sale service contracts, and the date and a description of each claim made by a holder under a service contract. You must retain all records relating to a service contract for at least one year after the contract has expired [2.2].

Notification Requirements

If you cease doing business in Nevada, you must notify the Commissioner and each holder of an unexpired service contract in writing of the fact that you have ceased doing business in Nevada within 30 days after ceasing doing business in Nevada. The provisions of this section do not render a service contract void pursuant to NRS 690C.250, cancel a service contract pursuant to NRS 690C.270, or release you from any liability imposed by a violation of any provision of NRS 690C [2.1].

Requirements for Providers of Telephone Service

If you are a provider of telephone service in Nevada, you must take action as is necessary to carry out the order of the court or the Public Utilities Commission of Nevada when notified that a court has ordered the disconnection of a telephone number pursuant to NRS 706.2855 or the Public Utilities Commission of Nevada has ordered the disconnection of a telephone number pursuant to NRS 703.175 after receiving a request to disconnect the telephone number from the State Contractors’ Board pursuant to NRS 624.720, the Board of Massage Therapy pursuant to NRS 640C.930, or the Nevada Transportation Authority pursuant to NRS 706.758. You must not forward or offer to forward the telephone calls of a telephone number disconnected from service pursuant to the provisions of this section or provide or offer to provide a recorded message that includes the new telephone number for a business whose telephone number was disconnected from service pursuant to the provisions of this section [3.1].

Requirements for Providers of Wireless Telecommunications

If you are a provider of wireless telecommunications in Nevada, 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. 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 upon the request of a law enforcement agency. You must 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. You may establish any protocols which enable you to disclose call location information voluntarily in an emergency situation that involves the immediate risk of death or serious physical harm. No cause of action may be brought against you, your officers, employees, or agents for providing call location information while acting in good faith and in accordance with the provisions of NRS 707.600 to 707.650, inclusive [3.2][3.3].

Immunity for Good Faith Reliance

If you are a public utility furnishing telephone service in Nevada, you must provide any lawful assistance requested by a sheriff or the sheriff’s deputy, or chief of police or police officer, in tracing a person who uses the 911 emergency telephone number or other emergency telephone service or obscene language, representations, or suggestions in addressing a person by telephone, or addresses to the person any threat to inflict injury to the person or property of the person addressed, when the request is made in writing to the public utility. Good faith reliance by the public utility on such a request constitutes a complete defense to any civil or criminal suit against the public utility on account of assistance rendered by the utility in responding to the request [3.4].

In summary, you cannot ignore your obligations as a service provider with access to personal information in Nevada. You must implement and maintain reasonable security measures to protect personal information, repair, replace, or perform maintenance on goods, or indemnify the holder for the costs of repairing, replacing, or performing maintenance on goods, maintain records of transactions, notify the Commissioner and each holder of an unexpired service contract in writing if you cease doing business in Nevada, take action as necessary to carry out the order of the court or the Public Utilities Commission of Nevada if you are a provider of telephone service, and submit your emergency contact information to the Department if you are a provider of wireless telecommunications.

Source(s):
Jurisdiction

Nevada