Law note · Nebraska
Nebraska Data Privacy Act, sensitive data and biometric data definitions
NDPA classifies data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status, genetic or biometric data processed to uniquely identify an individual, a known child's data, and precise geolocation data as sensitive data.
'Biometric data' means data generated to identify a specific individual through automatic measurement of a biological characteristic, including a fingerprint, voice print, retina image, or iris image, and is structured slightly differently in wording from the Connecticut, Oregon, Montana, and Delaware definitions (opening with the identification purpose rather than excluding then clawing back), but reaches the same operative result: a raw recording is excluded, except when generated to identify a specific individual.
What it asks of an app
- Treat genetic or biometric data processed to uniquely identify a Nebraska consumer as sensitive data requiring heightened handling under NDPA.
- Treat a voice print or other biometric identifier generated from a recording, for the purpose of identifying a specific individual, as covered biometric data. Nebraska's exclusion does not reach data generated for that purpose.
When LexLint raises it
Declared activities: processes_biometrics, processes_voice, crawls_web, trains_models
Primary source: official Nebraska statute text, Neb. Rev. Stat. § 87-1102