Law note · Nevada
Consumer Health Data, biometric data definition
Nevada's only enacted biometric-data definition binds a controller only when the biometric data is related to a health condition, diagnosis, treatment, or similar information, making it "consumer health data" under this chapter; it does not operate as a general biometric-privacy statute.
"Biometric data" is defined broadly, including imagery of a fingerprint, palm print, hand print, scar, bodily mark, tattoo, voiceprint, face, retina, iris, or vein pattern, and keystroke or gait patterns or rhythms that contain identifying information, and unlike New Hampshire's, Kentucky's, Rhode Island's, and Vermont's definitions in this wave, it carries no exclusion for a photograph or recording at all, in either direction: imagery of a person's face is itself named as a form of biometric data.
A general-purpose voiceprint or faceprint collected for identification, authentication, or marketing, with no connection to health status, has no Nevada statutory home at all.
What it asks of an app
- Treat a voiceprint, faceprint, or other biometric identifier as regulated consumer health data in Nevada only where it is related to a health condition, diagnosis, treatment, or similar information under this chapter.
- Do not rely on any Nevada statute to cover a general-purpose voiceprint or faceprint you collect for identification, authentication, or marketing with no connection to health status. Nevada has no biometric-privacy statute reaching that use.
- Do not assume a photograph or video is exempt. Nevada's biometric data definition names facial imagery directly, with no carve-out for data derived from a recording.
When LexLint raises it
Declared activities: processes_biometrics, processes_voice, crawls_web, trains_models
Primary source: official Nevada statute text, NRS chapter 603A, Nevada Legislature website