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Can I prioritize privacy compliance to gain a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships in Nevada? What are the requirements?
Prioritizing Privacy Compliance in Nevada
Yes, prioritizing privacy compliance can provide a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships in Nevada.
Requirements for Privacy Compliance in Nevada
Nevada has several laws and regulations related to privacy compliance that businesses must follow. Here are some of the key requirements:
- Nationwide Multistate Licensing System and Registry: The Commissioner of Financial Institutions is required to report regularly any violations of applicable laws committed by applicants for licenses or licensees, enforcement actions, and other relevant information to the Registry. The requirements under any federal or state law regarding the privacy and confidentiality of any information or material provided to the Registry continue to apply to such information or material after it has been disclosed to the Registry [1.1][2.1].
- State Business Portal: The Secretary of State is required to establish a state business portal to facilitate interaction among businesses and governmental agencies in Nevada. Businesses and governmental agencies conducting transactions through the state business portal must comply with the standards and requirements established by the Secretary of State. All records containing technical specifications, processing protocols, or programmatic or system architecture of the state business portal, and any other records containing information the disclosure of which would endanger the security of the state business portal, or proprietary information related to the functions, operations, processes, or architecture of the state business portal, are deemed confidential and privileged [4.1][4.2].
- Breach of Security of System Data: Any data collector that owns or licenses computerized data which includes personal information shall disclose any breach of the security of the system data following discovery or notification of the breach to any resident of Nevada whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The notification required by this section may be provided by written notification, electronic notification, or substitute notification [5.2].
- Feasibility Study: The Division will determine whether a feasibility study is required for each proposed project. Each feasibility study must include a description of the problem to be resolved and its origin, 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 an assessment of the risks for each proposed alternate course of action, and a plan for the management of the project, including a schedule for reporting and reviewing the project. Each alternate course of action included in a feasibility study must be consistent with the state agency’s plan for the use of resources for an information system, the biennial state plan, and the standards set forth in the Nevada Information Systems Policies and Standards Manual [3.2][3.1][5.3].
Conclusion
Prioritizing privacy compliance can provide a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships in Nevada. Businesses must comply with several laws and regulations related to privacy compliance, including the Nationwide Multistate Licensing System and Registry, State Business Portal, Breach of Security of System Data, and Feasibility Study.
Source(s):
- [1.1] Nationwide Multistate Licensing System and Registry: Commissioner required to report certain information or material; confidentiality of information or material provided; Commissioner authorized to enter into certain agreements and arrangements. [Effective on the date on which the Commissioner of Financial Institutions notifies the Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing System and Registry has sufficient capabilities to allow the Commissioner to carry out the provisions of chapter 347, Statutes of Nevada 2021, at page 2030.]
- [2.1] Commissioner required to report certain information or material; confidentiality of information or material provided; Commissioner authorized to enter into certain agreements and arrangements. [Effective on the date on which the Commissioner of Financial Institutions notifies the Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing System and Registry has sufficient capabilities to allow the Commissioner to carry out the provisions of chapter 347, Statutes of Nevada 2021, at page 2030.]
- [3.1] Adoption by reference of Nevada Information Systems Policies and Standards Manual.
- [4.1] Creation; duties of Secretary of State; powers of state and local agencies and health districts; confidentiality.
- [4.2] Confidentiality of records and files collected by Secretary of State.
- [5.2] Disclosure of breach of security of system data; methods of disclosure.
- [5.3] Security measures.
- [3.2] Feasibility study: Determination of requirement; contents; participation by Division.
Jurisdiction
Nevada