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Can I store personal information about my customers in Nevada? What are the requirements?

Yes, you can store personal information about your customers in Nevada, but you must comply with the requirements outlined in the Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) [2.1].

Definition of Personal Information

According to NRS 603A.040, “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:

  • Social security number
  • Driver’s license number, driver authorization card number or identification card number
  • Account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to the person’s financial account
  • A medical identification number or a health insurance identification number
  • A user name, unique identifier or electronic mail address in combination with a password, access code or security question and answer that would permit access to an online account.

Requirements for Storing Personal Information

If you store personal information about your customers, you must take reasonable measures to protect the information from unauthorized access, acquisition, destruction, use, modification, or disclosure. You must also comply with the following requirements:

  • You must provide a written disclosure to the client before providing any services or presenting a contract. The disclosure must include your full name, business address, telephone number, registration number, and other information required by NRS 240A.180 [4.2].
  • If you prepare a document for a client that includes a place for you to provide information, you must include your name, business address, telephone number, and registration number on the document [4.1].
  • You must register with and maintain a valid unique identifier with the Nationwide Multistate Licensing System and Registry [3.1][2.2].
  • You must comply with the Nevada Information Systems Policies and Standards Manual [2.1][6.1].

Custodian of Records

If you maintain or disseminate Nevada records of criminal history, you must meet the standards described in NVAC 179A.070 for employment as a custodian of records. Before being appointed as a custodian of records, you must provide a statement of your personal history and one fingerprint card with your fingerprints so that a state and national background check of your records of criminal history can be performed [2.2].

Conclusion

To store personal information about your customers in Nevada, you must comply with the requirements outlined in NRS and NAC. You must take reasonable measures to protect the information and provide a written disclosure to the client. You must also register with the Nationwide Multistate Licensing System and Registry and comply with the Nevada Information Systems Policies and Standards Manual. If you maintain or disseminate Nevada records of criminal history, you must meet the standards described in NVAC 179A.070 for employment as a custodian of records.

Source(s):
Jurisdiction

Nevada