Can I use third-party social media tools that collect personal information in Nevada? What are the requirements?

Using Third-Party Social Media Tools that Collect Personal Information in Nevada

If you are using third-party social media tools that collect personal information in Nevada, you must comply with the state’s laws regarding the collection and disclosure of personal information.

Nevada Revised Statutes (NRS) 603A.040 defines “personal information” as 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.

Therefore, if the third-party social media tool collects any of the above-listed personal information, you must ensure that you comply with the requirements of NRS 603A.220 in the event of a breach of the security of the system data.

NRS 603A.220 requires any data collector that owns or licenses computerized data which includes personal information to 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 disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement.

Additionally, NRS 603A.210 requires a data collector that maintains records which contain personal information of a resident of Nevada to implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification or disclosure.

In summary, if you are using third-party social media tools that collect personal information in Nevada, you must comply with the state’s laws regarding the collection and disclosure of personal information, including NRS 603A.040, NRS 603A.220, and NRS 603A.210.

Jurisdiction

Nevada

• Privacy