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Can I share personal information about my customers with third parties in Nebraska? What are the requirements?
Sharing Personal Information with Third Parties in Nebraska
Nebraska law prohibits the disclosure of personal information contained in motor vehicle records, except as provided in the rules and regulations [1.1]. Personal information may only be disclosed if the identity and purpose of the requestor are verified and the purpose is identified under section 004.04 of the rules and regulations [1.1].
Requirements for Sharing Personal Information
If you are an authorized recipient of personal information disclosed under section 004.02 or 004.04 of the rules and regulations, you may resell or redisclose the information only for the uses permitted under section 004.04 of the rules and regulations [1.1]. You must make and keep records identifying each person who received personal information from you and the permitted purpose for which it was obtained for a period of not less than five years [1.1]. You must also make such records available for inspection and copying by a representative of the Department upon request [1.1].
You must have a written contract with every customer to which you transfer personal information. Such contract shall require that the customer limit disclosure as required by Neb. Rev. Stat. § 60-2910. The customer shall maintain a record of all disclosures of personal information and reasons for disclosure for not less than five years. The authorized recipient shall provide a list of all customers and copies of signed contracts to the Department upon request [1.1].
You must strictly limit Internet distribution of personal information by an authorized recipient to end-users through secure private channels, for properly identified customers of the authorized recipient [1.1]. You shall agree to a biennial independent cybersecurity audit at the recipient’s cost. The audit shall investigate the security of the authorized recipient’s information storage and distribution systems and records of disclosure of personal information as required by the Uniform Motor Records Disclosure Act, Neb. Rev. Stat. § 60-2910. A cybersecurity audit shall be conducted within four months of the approval of the application for information unless the recipient provided the Department with information showing that the recipient has a current detailed information security plan and is currently certified by an independent cybersecurity analyst. The recipient shall provide the Department with its biennial certification by an independent cybersecurity analyst or a copy of the cybersecurity audit report [1.1].
Procedure for Requesting Disclosure of Personal Information Contained in Motor Vehicle Records
Any request for disclosure of personal information contained in a motor vehicle record must be made on either an Application for Copy of Driving Record form, an Application for Copy of Vehicle Record form, an Application for Multiple Driving Records form, or an Application for More Than One Vehicle Record form, and must contain a signed statement of the requestor whereby the requestor certifies that the information contained on the motor vehicle record(s) received will only be used as authorized by the Uniform Motor Vehicle Records Disclosure Act and acknowledges that the request is made with the understanding that any person making such a request who misrepresents either their identity or the purpose for the which the information is requested shall be guilty of a Class IV felony [1.2].
Any person requesting the disclosure of personal information contained in a motor vehicle record must furnish proof of identity as provided in section 004.03A2 of the rules and regulations [1.2].
Conclusion
In summary, Nebraska law prohibits the disclosure of personal information contained in motor vehicle records, except as provided in the rules and regulations. If you are an authorized recipient of personal information, you may resell or redisclose the information only for the uses permitted under section 004.04 of the rules and regulations. You must also comply with the requirements for sharing personal information as outlined in the rules and regulations. Any request for disclosure of personal information contained in a motor vehicle record must be made on an appropriate form and must contain a signed statement of the requestor whereby the requestor certifies that the information contained on the motor vehicle record(s) received will only be used as authorized by the Uniform Motor Vehicle Records Disclosure Act [1.2].
Source(s):
- [1.1] DISCLOSURE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS.
- [1.2] PROCEDURE FOR REQUESTING DISCLOSURE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE RECORDS.
Jurisdiction
Nebraska