Frequently Asked Questions: Nebraska Agricultural Data Privacy Act (LB525)

• What is the Agricultural Data Privacy Act?

  LB525 is a proposed Nebraska law designed to protect agricultural producers' data privacy and the state's agriculture industry. It establishes rules for how agricultural data can be collected, used, and shared by third parties.

• What types of data are protected under this Act?

  The Act covers a comprehensive range of agricultural data, defined as any information related to the production, management, or operation of an agricultural enterprise, including but not limited to:

  • Production and cultivation data

  • GPS data from farm machinery

  • Yield data and historical yields

  • Financial information

  • Equipment maintenance records

  • Marketing strategies

  • Purchase and sale information

  • Irrigation data

  • Field usage information

  • Livestock care data

  • Land and equipment acquisition data

• Do I have to share my agricultural data with companies?

  No. The Act explicitly prohibits any company from:

  • Requiring you to share your agricultural data

  • Discriminating against you (through different services, benefits, or rewards) if you choose not to share your data

  • Using or selling your data without your written authorization

• How do I give permission for a company to use my data?

  You must provide written consent to any company (controller) before they can:

  • Process your agricultural data

  • Allow third parties (processors) to process your data on their behalf

  "Written consent" means a clear and affirmative statement, either physically signed or electronically acknowledged, that specifically authorizes the controller to process your agricultural data for the stated purpose. The consent must be easily understandable and clearly describe how the data will be used. [Link to relevant section of LB525]

• Can I change my mind after giving permission?

  Yes. You have the right to:

  • Rescind your consent at any time by providing written notice

  • Have your data deleted within 30 days of rescinding consent

• Can companies make me waive these rights in a contract?

  No. Any contract provision that waives or limits your rights under this Act is void and unenforceable.

• Who enforces this law?

  The Nebraska Attorney General has exclusive authority to enforce the Act and can:

  • Seek injunctive relief against violators

  • Impose civil penalties for violations

  • Provide an online complaint mechanism for reporting violations

• Does this affect my ownership of my data?

  No. The Act specifically excludes data processing by the owner of the agricultural data. You retain control over your own data.

• What should I do if I believe a company has violated the Act?

  You can file a complaint with the Nebraska Attorney General's office through their website. However, the Act does not provide for private lawsuits - enforcement is handled exclusively by the Attorney General.

• Why was this law proposed?

  The law serves two main purposes:

  1. Protecting the privacy of individual agricultural producers in Nebraska

  2. Protecting Nebraska's agriculture industry as a whole

• What should companies know about compliance?

  Companies (controllers and processors) must:

  • Obtain written consent before processing agricultural data

  • Honor requests to delete data within 30 days of receiving notice

  • Not discriminate against producers who don't share data

  • Not sell or share data without explicit authorization

  • Follow all consent requirements even when using third-party processors

  • Implement reasonable security measures to protect agricultural data from unauthorized access, use, or disclosure. [Link to relevant section of LB525, if applicable]

• Definitions

  • Agricultural Data: Any information related to the production, management, or operation of an agricultural enterprise, including but not limited to the categories listed above.

  • Controller: The person or entity that determines the purpose and means of the processing of agricultural data.

  • Processor: The person or entity that processes agricultural data on behalf of the controller.

  • Processing: Includes collection, storage, use, analysis, sharing, and deletion of agricultural data.

• Are there any exemptions to the Act?

  [Information about exemptions, if any. E.g., "The Act exempts agricultural data shared with government agencies for reporting purposes."] [Link to relevant section of LB525]

• Does the Act address cross-border data transfers?

  [Information about cross-border data transfers, if applicable.] [Link to relevant section of LB525]

• When will the Act take effect?

  [Effective date of the Act, if passed.]

• Where can I find the full text of LB525?

  [Link to the text of LB525 > https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=59601&docnum=LB525&leg=109 ]

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Contact Information

For further inquiries, please contact the Nebraska Attorney General's office:

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Mike Hilgers

Nebraska Attorney General's Office
2115 State Capitol
PO Box 98920
Lincoln, NE 68509

Phone: (402) 471-2683

Email: ago.info.help@nebraska.gov

Fax: (402) 471-3297

Consumer Affairs Response Team

Nebraska Attorney General's Office

2115 State Capitol

Lincoln, NE 68509

ago.consumer@nebraska.gov 

Note: This FAQ is based on the proposed legislation (LB525) and is subject to any amendments made during the legislative process.