Nevada Adds "Do Not Sell" Requirement To Privacy Law

Last week, Nevada Governor Steve Sisolak signed new privacy legislation into law in Nevada. Senate Bill 220 (SB-220) updates Nevada Revised State 603A to provide consumers a new right to opt out of the sale of their data. Effective Oct. 1, 2019, the new law will come into effect prior to the more comprehensive California Consumer Privacy Act (CCPA). Accordingly, the Nevada law will be the first law in the United States granting consumers the right to opt out of data sales.

Consumer Rights

The rights provided in SB-220 are far more circumscribed than those set forth in the CCPA or the European Union's General Data Protection Regulation (GDPR). Whereas the CCPA and GDPR provide broad rights to access and/or portability and deletion, SB-220 provides consumers only the right to opt out of data sales. Also, unlike the current version of the CCPA, which broadly defined "consumers" as state taxpayers (a pending bill may change that), "consumer" is defined as a "person