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Can I sell personal information without obtaining consent in Nevada? What are the requirements?
Based on the information provided in the context documents, you cannot sell personal information without obtaining consent in Nevada.
Personal Information Defined [1.1], [2.1]
According to NVRS 603A.040 and NVRS 250.120, “Personal information” means a natural person’s first name or first initial and last name in combination with any one or more of the following data elements, when the name and data elements are not encrypted. The term does not include the last four digits of a social security number, the last four digits of a driver’s license number, the last four digits of a driver authorization card number or the last four digits of an identification card number or publicly available information that is lawfully made available to the general public from federal, state or local governmental records. It also includes the home address of a person, the home address of the spouse, domestic partner or minor child of a person, any telephone number or electronic mail address of a person, and any information pertaining to a confidential location maintained by a nonprofit entity in this State for the purpose of providing shelter to victims of domestic violence.
Sale of Personal Information [1.5]
According to NVRS 603A.333, “Sale” means the exchange of covered information for monetary consideration by an operator or data broker to another person. The term does not include the disclosure of covered information by an operator or data broker to a person who processes the covered information on behalf of the operator or data broker, the disclosure of covered information by an operator to a person with whom the consumer has a direct relationship for the purposes of providing a product or service requested by the consumer, the disclosure of covered information by an operator to a person for purposes which are consistent with the reasonable expectations of a consumer considering the context in which the consumer provided the covered information to the operator, the disclosure of covered information by an operator or data broker to a person who is an affiliate of the operator or data broker, or the disclosure or transfer of covered information by an operator or data broker to a person as an asset that is part of a merger, acquisition, bankruptcy or other transaction in which the person assumes control of all or part of the assets of the operator or data broker.
Requirements for Selling Personal Information [1.3], [1.5]
According to NVRS 603A.345, an operator shall establish a designated request address through which a consumer may submit a verified request 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. Therefore, you must obtain consent from the consumer before selling their personal information.
In summary, you cannot sell personal information without obtaining consent in Nevada. Personal information includes a natural person’s first name or first initial and last name in combination with certain data elements, as well as other personal information such as home address, telephone number, and email address. The sale of personal information is defined as the exchange of covered information for monetary consideration by an operator or data broker to another person, with certain exceptions. To sell personal information, an operator must establish a designated request address through which a consumer may submit a verified request directing the operator not to make any sale of any covered information the operator has collected or will collect about the consumer.
Source(s):
- [1.1] “Personal information” defined.
- [2.1] “Personal information” defined.
- [1.3] Submission of verified request to operator not to sell covered information collected by operator; response to verified request.
- [1.5] “Sale” defined.
Jurisdiction
Nevada