LB 729, the Biometric Autonomy Liberty Law, prohibits private entities (like businesses or corporations) from requiring or forcing individuals to use biometric data collection devices (such as fingerprint scanners, voice recognition, or facial recognition systems) except for specific security purposes. The law defines biometric data broadly to include fingerprints, voice prints, and eye scans, but explicitly excludes health data under HIPAA, DMV fraud detection systems, and financial data regulated by federal law. Private companies cannot mandate biometric data collection for non-security reasons, though they may use it for security purposes like preventing crime or protecting property. The law does not apply to government agencies in their official security functions or to existing health, education, or financial data protections.
This bill prohibits Nebraska businesses from using consumer data (like personal or protected class information) to set personalized prices through algorithms or AI. It specifically bans "personalized algorithmic pricing" that varies prices for different customers based on their data, and requires clear, visible price disclosures (like unit pricing on shelves) for grocery stores and other retailers. The law applies to all businesses operating in Nebraska, focusing on preventing price discrimination and ensuring transparency in pricing practices. It aims to protect consumers from opaque, data-driven pricing models while addressing concerns about their impact on competition and jobs.
LB 1025 imposes a new excise tax on social media companies that collect consumer data from Nebraska residents. Starting January 1, 2027, companies must pay tax based on the number of Nebraska consumers whose data they collect monthly: $0 for under 50,000 users, $0.10 per user over 50,000 but under 250,000, and $40,000 plus $0.25 per user over 250,000 but under 500,000. The tax directly affects for-profit social media platforms meeting the bill's definition (excluding search engines, email services, and certain professional tools). It targets data collection practices rather than platform usage, creating a tiered revenue stream for Nebraska.
LB 120 modifies Nebraska's Motor Vehicle Operator's License Act to clarify when digital images and signatures captured during license applications may be released. It permits release only to law enforcement agencies (for official duties), the Secretary of State (for voter ID verification), or the Nebraska State Patrol (for missing persons cases), always requiring identity and purpose verification. Strict security protocols must be followed for storage and protection of these images, with violations punishable as a Class I misdemeanor. The bill directly affects license applicants, law enforcement, election officials, and the Nebraska State Patrol by defining authorized access to biometric data.
Nebraska's LB 525, the Agricultural Data Privacy Act, requires businesses collecting farm-related data to obtain explicit written consent from agricultural producers before using or sharing their information. It prohibits denying services, benefits, or rewards to farmers who decline to share data and bans selling or sharing farm data without authorization. The law defines "agricultural data" broadly - including crop yields, GPS equipment data, financial records, and livestock transactions - and mandates that businesses delete such data within 30 days if a farmer revokes consent. The Attorney General enforces the law, with penalties for violations, while excluding data owned by farmers themselves (e.g., when farmers use their own data). This act directly affects Nebraska farmers and ag-tech companies processing farm data, ensuring greater control over sensitive agricultural information.
Nebraska's LB 602, the "Delete Act," establishes new data privacy rules specifically for data brokers - companies that collect and sell personal data without a direct relationship with consumers. The bill requires these brokers to post clear website notices identifying their business, implement comprehensive security programs to protect personal data, and follow strict protocols for employee training, breach response, and third-party vendor management. It directly affects data brokers operating in Nebraska by mandating specific transparency and security measures, while excluding certain entities like financial institutions and government bodies. The law focuses on limiting data collection and enhancing consumer control over personal information through concrete operational requirements.
LB 528 creates a new grant program for STEM-focused learning platforms (for middle and high school science, technology, engineering, and math) managed by the Nebraska Department of Economic Development, replacing the previous State Board of Education-administered program. It requires approved platforms to align with state academic standards, meet data security standards, and provide free access to all Nebraska school districts. The bill shifts grant administration from the State Board of Education to the Department of Economic Development, eliminates outdated provisions, and mandates annual reports on program effectiveness. This directly affects developers of qualifying STEM platforms and all Nebraska public school districts.
Nebraska's LB 204, the Biometric Autonomy Liberty Law, establishes rules for how businesses and government entities handle biometric data like fingerprints, voice prints, and iris scans. It requires businesses to obtain clear written consent from individuals (using simple language) before collecting biometric data, prohibits forcing people to use implantable devices or submit to biometric collection, and gives individuals ownership of their data. Businesses must securely store biometric data, allow individuals to transfer their data to another provider within 30 days upon request, and destroy it after a set period or when the original purpose is met. The law applies to all private businesses in Nebraska and aims to regulate data use while prioritizing individual control over sensitive biometric information.
