Consumer Reports opposes, unless it is amended, Nebraska L.B. 1294, consumer privacy legislation. The bill seeks to provide to Nebraska consumers the right to know the information companies have collected about them, the right to access, correct, and delete that information, as well as the right to stop the disclosure of certain information to third parties. However, in its current form it would do little to protect Nebraska consumers’ personal information, or to rein in major tech companies like Google and Facebook. The bill needs to be substantially improved before it is enacted; otherwise, it would risk locking in industry-friendly provisions that avoid actual reform.
We offer several suggestions to strengthen the bill to provide the level of protection that Nebraska consumers deserve:
- Remove the small business carveout.
- Strengthen non-discrimination provisions.
- Narrow the loyalty program exemption.
- Ensure targeted advertising is adequately covered.
- Remove the identity authentication requirement for opting out.
- Remove entity level carveouts.
- Add civil rights protections.
- Remove ambiguities around requirements that the universal opt out mechanism not “unfairly disadvantage” other controllers.
- Amend prohibitions on default opt-outs.
- Clarify that approximating geolocation by IP address is sufficient residency authentication.
To read the full letter, please see the attached PDF.