Nebraska joined the growing list of states with comprehensive data privacy legislation when Governor Jim Pillen signed the Nebraska Data Privacy Act (LB 1074) on April 17, 2024. The law took effect on January 1, 2025, and gives Nebraska residents meaningful rights over how businesses collect, use, and sell their personal data. Here's everything you need to know.
What the Nebraska Data Privacy Act Covers
The NDPA applies to entities that conduct business in Nebraska or produce products and services consumed by Nebraska residents, and that process or engage in the sale of personal data. Unlike many other state privacy laws, the NDPA does not set a minimum data-processing threshold for most provisions — meaning it can apply to a wider range of businesses.
However, entities classified as small businesses under the federal Small Business Act are largely exempt, with one important exception: even small businesses are prohibited from selling sensitive personal data without the consumer's prior consent.
Who's Exempt?
The NDPA exempts state and local government entities, financial institutions covered by the Gramm-Leach-Bliley Act, entities covered by HIPAA, higher education institutions, and nonprofits. Data regulated under specific federal laws (like FCRA credit data) is also exempt from certain provisions.
Your Rights Under the NDPA
Nebraska residents have five core rights under the Data Privacy Act:
- Right to Know: You can confirm whether a business is processing your personal data and access a copy of that data
- Right to Correct: You can request that a business fix any inaccurate personal information it holds about you
- Right to Delete: You can request that a business delete personal data it has collected about you
- Right to Portability: You can obtain a copy of your data in a readily portable, machine-readable format so you can transfer it to another service
- Right to Opt Out: You can opt out of the sale of your personal data, targeted advertising, and profiling that produces legal or similarly significant effects
How to Exercise Your Rights
To exercise your rights under the NDPA:
- Submit a request to the business through the methods they've designated (usually a web form, email, or toll-free number outlined in their privacy policy)
- Verify your identity: The business may ask you to verify that you are who you say you are before processing your request
- Wait for a response: Businesses must respond within 45 days, with a possible 45-day extension if they notify you of the delay and the reason
- Appeal if denied: If your request is denied, you have the right to appeal. The business must respond to your appeal within 60 days
Sensitive Data Gets Extra Protection
The NDPA defines "sensitive data" broadly and requires businesses to obtain your explicit consent before processing it. Sensitive data includes:
- Racial or ethnic origin
- Religious beliefs
- Health diagnoses and conditions
- Sexual orientation
- Citizenship or immigration status
- Genetic or biometric data
- Personal data from a known child
- Precise geolocation data
No Private Right of Action
Unlike California's CCPA, the NDPA does not allow consumers to sue businesses directly for violations. Only the Nebraska Attorney General can enforce the law, with civil penalties of up to $7,500 per violation. If you believe a business has violated your rights, file a complaint with the AG's office.
Children's Privacy in Nebraska
Nebraska has gone further than most states in protecting children's privacy with two additional laws:
- Parental Rights in Social Media Act (LB 383): Requires age verification for minors under 18 to create social media accounts, effective July 1, 2026
- Age-Appropriate Online Design Code Act (AAODCA): Requires businesses to design online services with children's best interests in mind, in effect since January 1, 2026
These laws work alongside the NDPA to create a comprehensive framework for protecting minors' data in Nebraska.
How Data Brokers Affect Nebraska Residents
While the NDPA gives you the right to opt out of data sales, it doesn't specifically regulate data brokers as a separate category. This means data brokers operating nationally can still collect and sell your information unless you actively opt out.
Common data brokers that list Nebraska residents include Spokeo, BeenVerified, WhitePages, TruePeopleSearch, Intelius, Acxiom, and many more. Your information typically comes from:
- Nebraska county property records
- Court records from the Nebraska judicial system
- Voter registration data
- Public utility and business filings
- Social media and online activity
Protecting Yourself Beyond the Law
The NDPA is a strong foundation, but proactive steps will give you the best protection:
- Search for yourself: Google your name and check major data broker sites to see what's out there
- Submit opt-out requests: Use your NDPA rights to request deletion from each broker
- Enable privacy signals: Install Global Privacy Control (GPC) in your browser to automatically signal opt-out preferences
- Monitor for re-listings: Data brokers frequently re-add information, so ongoing monitoring is essential
For comprehensive, automated protection, PrivacyOn monitors and removes your personal information from 100+ data broker sites continuously. With dark web monitoring, family plans for up to 5 people, and plans starting at $8.33/month, it's the most efficient way to exercise your privacy rights without the manual effort.
The Bottom Line
Nebraska's Data Privacy Act gives residents real control over their personal data, and the state's additional children's privacy laws make it one of the more protective states for families. The key is to actually exercise your rights — the law only works if you use it. Whether you submit opt-out requests yourself or use a service like PrivacyOn to automate the process, taking action now will significantly reduce your digital exposure.