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Can I skip obtaining consent to sell personal information in Nevada? What are the requirements?
Selling Personal Information in Nevada
Based on the documents provided, you cannot skip obtaining consent to sell personal information in Nevada. The Nevada Revised Statutes (NRS) defines “sale” as the exchange of covered information for monetary consideration by an operator or data broker to another person [1.2]. Covered information is defined as personal information [1.2][1.1]. Personal information is defined as a natural person’s first name or first initial and last name in combination with certain data elements [1.1].
Requirements for Selling Personal Information in Nevada
To sell personal information in Nevada, you must obtain the consumer’s consent. The Nevada Consumer Privacy Act (NCPA) requires that a consumer must be provided with a notice that identifies the categories of personal information that will be collected and the categories of third parties with whom the information will be shared [1.2]. The consumer must then be given the opportunity to opt-out of the sale of their personal information [1.2].
If the consumer is under 16 years of age, their parent or guardian must provide consent [1.2].
Submitting a Verified Request to Operator Not to Sell Covered Information
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 [1.3]. An operator that has received a verified request submitted by a consumer pursuant to subsection 2 shall not make any sale of any covered information the operator has collected or will collect about that consumer [1.3].
Conclusion
In summary, you cannot skip obtaining consent to sell personal information in Nevada. The NCPA requires that a consumer must be provided with a notice that identifies the categories of personal information that will be collected and the categories of third parties with whom the information will be shared. The consumer must then be given the opportunity to opt-out of the sale of their personal information. If the consumer is under 16 years of age, their parent or guardian must provide consent. A consumer may also submit a verified request to an operator not to sell covered information.
Source(s):
- [1.1] “Personal information” defined.
- [1.2] “Sale” defined.
- [1.3] Submission of verified request to operator not to sell covered information collected by operator; response to verified request.
Jurisdiction
Nevada