Senate Bill No. 370 for An Act relating to data privacy was introduced, on 23 March 2023, to the Nevada State Senate, where it was read for the first time and thereafter referred, on the same date, to the Committee on Commerce and Labour. In particular, the bill seeks to introduce revised provisions relating to consumer health data within Chapter 603A of the Nevada Revised Statutes ('NRS'). More in detail, the bill provides for definitions of terms, including 'biometric data', 'consumer', 'consumer health data', and 'genetic data', and sets out obligations for regulated entities, meaning those entities that:

• conduct business in Nevada or produce or provide products or services that are targeted to consumers in Nevada; and
• alone or with other persons, determine the purpose and means of processing, sharing, or selling consumer health data.

In this regard, the bill mandates that regulated entities shall develop and maintain a policy concerning the privacy of consumer health data that clearly and conspicuously establishes the categories of consumer health data being collected and the manner in which such data will be used, the sources of the data, and a list of third parties and affiliates with whom the regulated entity shares consumer health data, among other things.

Moreover, the bill stipulates that a regulated entity shall not collect consumer health data except:

• with the affirmative consent of the consumer; or
• to the extent necessary to provide a product or service that the consumer has requested from the regulated entity.

You can read the bill here and track its progress here.

UPDATE (4 May 2023)

Bill on revised provisions relating to consumer health data passed by Senate, proceeds to Assembly

The bill was read for a third time and passed, on 25 April 2023, by the Senate, with amendments. Thereafter, the bill proceeded, on 26 April 2023, to the Nevada State Assembly, where it was read for the first time and referred to the Committee on Commerce and Labor.

You can read the bill here, the amendments here, and track its progress here.

UPDATE (31 May 2023)

Bill on revised provisions relating to consumer health data passes Assembly with amendments

The bill was passed, on 26 May 2023, with amendments by the Assembly, having been read three times. Subsequently, on 27 May 2023, the bill was returned to the Senate.

You can read the bill here, the amendments here, and track its progress here.

UPDATE (9 June 2023)

Bill on revised provisions relating to consumer health data to be enrolled for signature

The bill passed both the Assembly and the Senate, on June 5, 2023, and will next be sent to the Governor for signature.

You can read the bill here, the amendments here, and track its progress here.

UPDATE (22 June 2023)

Bill on revised provisions relating to consumer health data approved by Governor, entering into effect in March 2024

The bill was approved, on 15 June 2023, by the Nevada Governor, thereby becoming law. The bill will become effective on 31 March 2024.

You can read the bill here and view its history here.