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Maureen is a member of the International Association of Privacy Professionals and has lectured frequently on privacy and security issues. For more details, visit PPRA on the following external website: Nebraska`s surveillance and surveillance laws are codified in Neb Chapter 86, Sections 86-271 through 86-2.115. Under §86-290, this is illegal: Currently, there is no law in Nebraska that imposes privacy policies. Privacy policies are statements or disclosures that explain how a company collects, uses, discloses and manages the personal information of its customers. Privacy policies should be tailored to the industry and business process of the company. There are certain “required” elements that you need to consider when creating a privacy policy. Policies will vary from industry to industry. What is needed is transparency and honesty. The policy should include a general statement of the company`s approach and commitment to data protection rights and explain the company`s commitment to protecting the customer`s privacy rights. Nebraska has asserted that consent conduct does not constitute an invasion of privacy (see Miller v. American Sports Co., 467 N.W.2d 653 (1991)) and that this cause of action generally applies when a photograph or other likeness of a person is distributed for commercial purposes without consent (see Wilkinson v. Methodist, Richard Young Hosp., 612 N.W.2d 213 (2000)).

As Chair of the Privacy and Security practice, Maureen Fulton is dedicated to advising companies on the development of comprehensive privacy and data security programs. Maureen leverages her experience as a Certified Information Protection Professional (CIPP/US) to help organizations navigate state, federal and international privacy laws and regulations. She also conducts privacy and security due diligence for buyers and sellers in connection with mergers and acquisitions. CyncHealth (formerly the Nebraska Health Information Initiative) is a health information exchange system that provides an electronic health information exchange system to providers participating in the Treatment, Payment, and Public Health Services Initiative in Nebraska and neighboring states. Health care providers, insurance payers, and other institutions can participate in CyncHealth. The information exchanged is encrypted and protected in accordance with the HIPAA Health Information Portability and Accountability Act of 1996 (“HIPAA”) and other applicable laws. If an individual`s provider participates in the exchange of health information, they will automatically be registered to participate, but individuals have the right to opt out through their website. Nebraska`s privacy laws are therefore governed by Chapter 20 of the Nebraska Revised Statutes (“Neb. Rev. Stat.”), which governs civil rights.

Using technology to deliver high-quality education offers tremendous opportunities for personalized learning. However, districts must balance educational needs with privacy. This website and the data governance website serve as a resource on how districts can support best practices at the school level to protect student data privacy. School districts must consider federal and state laws, local and state school board policies, parent expectations, students` educational needs, and currently available resources when developing privacy policies and procedures. Under section 20-206, the statutory right to privacy is subject to certain defences and privileges, including all applicable federal and state legal and constitutional defences and all applicable common law privileges and defences. For communications that would constitute an invasion of privacy, there is a defence that the communication itself has been privileged under defamation law. In addition, the directive should explain whether the data will be shared with affiliates or independent third parties for marketing purposes. If the Company does not currently share information with affiliates for marketing purposes, but may do so in the future, the Privacy Policy shall include a statement that the information provided by the Customer may be used in the future by affiliates or third parties for marketing and analytical purposes. This section provides a summary of medical records laws relating to the confidentiality, access, preservation, and destruction of medical records in Nebraska.

References to Title 175 of the Nebraska Administration Code (“Neb. Admin. Code”) have corresponding requirements for health clinics under Chapter 7 and hospitals under Chapter 9 of Title 175 of the Neb Administration Code. Overall, “a medical record must be kept for each patient … [and] may be created and maintained in written or electronic form, or a combination of both[.] (see 175 Neb. Admin. Code §9-006.07A of Chapter 9; 175 Neb. Admin. Code §7-006.07A of Chapter 7). It is important for districts to know that they are responsible for establishing and supporting effective governance, privacy and data security programs, as well as complying with laws and regulations. The delivery of these programs can also facilitate effective and innovative teaching practices that are needed in today`s school environment.

Summary: Nebraska does not have general privacy legislation, although Bill 746 for Nebraska`s Consumer Data Privacy Act was introduced in 2020, but was then postponed indefinitely and did not pass. Nebraska also has data security and reporting obligations under Section 87-801 et seq. of Chapter 87 of the Revised Nebraska Regulations. In addition, the Nebraska Financial Data Protection and Consumer Notification of Data Breach Act governs the reporting of consumer data breaches, with the Attorney General being responsible for enforcing these provisions and having the authority to issue subpoenas and compensate for direct economic damages for any resident harmed by the violation of these provisions. The Uniform Data Protection Act (the “Uniform Act”), signed into law by the Uniform Law Commission last year, has yet to be signed into law in any state, but lawmakers in Oklahoma and the District of Columbia have also recently introduced bills to pass the law.