2005 Nevada Revised Statutes - Chapter 239B — Disclosure of Personal Information to Governmental Agencies

CHAPTER 239B - DISCLOSURE OF PERSONALINFORMATION TO GOVERNMENTAL AGENCIES

NRS 239B.010 Requestby agency of State or political subdivision for information on certain personsfrom Federal Bureau of Investigation.

NRS 239B.020 Requestby law enforcement agency for certain information on applicant for position ofpeace officer from employer or former employer of applicant; use ofinformation; confidentiality.

NRS 239B.030 Confidentialityof social security numbers. [Effective January 1, 2007.]

NRS 239B.040 Databasescontaining electronic mail addresses or telephone numbers of certain persons;use of information; confidentiality.

NRS 239B.050 Disclosureof personal information on website.

_________

NRS 239B.010 Requestby agency of State or political subdivision for information on certain personsfrom Federal Bureau of Investigation.

1. Any agency of the State or any politicalsubdivision may request of and receive from the Federal Bureau of Investigationinformation on the background and personal history of any person:

(a) Who has applied to it for a license as required byany statute or local ordinance which it has the power to grant or deny;

(b) With whom it intends to enter into a relationshipof employment or a contract for personal services;

(c) Who has applied to it to attend an academy fortraining peace officers approved by the Peace Officers Standards and TrainingCommission; or

(d) About whom it has a legitimate need to haveaccurate personal information for the protection of the agency or the peoplewithin its jurisdiction.

2. Except as otherwise provided in subsection 3:

(a) To request and receive information from the FederalBureau of Investigation concerning a person pursuant to subsection 1, theagency or political subdivision must:

(1) Require the person to submit a complete setof his fingerprints; and

(2) Forward the fingerprints to the CentralRepository for Nevada Records of Criminal History for submission to the FederalBureau of Investigation for its report.

(b) Only the Central Repository may:

(1) Receive fingerprints from an agency of theState or any political subdivision for submission to the Federal Bureau ofInvestigation pursuant to this section;

(2) Submit those fingerprints to the FederalBureau of Investigation; and

(3) Receive a report from the Federal Bureau ofInvestigation based on the submission of those fingerprints.

3. If an agency or political subdivision that wishesto request and receive information from the Federal Bureau of Investigationconcerning a person pursuant to subsection 1 is required by federal law tocomply with specific procedures to request and receive such information fromthe Federal Bureau of Investigation:

(a) The provisions of subsection 2 do not apply to theagency or political subdivision; and

(b) The agency or political subdivision must complywith the specific procedures required by federal law.

(Added to NRS by 1981, 536; A 2003, 2847; 2005, 16)

NRS 239B.020 Requestby law enforcement agency for certain information on applicant for position ofpeace officer from employer or former employer of applicant; use ofinformation; confidentiality.

1. Upon the request of a law enforcement agency, anemployer shall provide to the law enforcement agency information, if available,regarding a current or former employee of the employer who is an applicant forthe position of peace officer with the law enforcement agency. A request forinformation by a law enforcement agency pursuant to this subsection must be:

(a) In writing;

(b) Accompanied by an authorization signed by theapplicant and notarized by a notary public or judicial officer in which theapplicant consents to the release of the information; and

(c) Presented to the employer by a sworn officer orother authorized representative of the law enforcement agency.

2. The information that a law enforcement agency mayrequest pursuant to subsection 1 includes, without limitation:

(a) The date on which the applicant began hisemployment and, if applicable, the date on which the employment of the applicantwas terminated;

(b) A list of the compensation that the employerprovided to the applicant during the course of the employment;

(c) An application for a position of employment thatthe applicant submitted to the employer;

(d) A written evaluation of the performance of theapplicant;

(e) A record of the attendance of the applicant;

(f) A record of disciplinary action taken against theapplicant;

(g) A statement regarding whether the employer wouldrehire the applicant and, if the employer would not rehire the applicant, thereasons therefor; and

(h) If applicable, a record setting forth the reasonthat the employment of the applicant was terminated and whether the terminationwas voluntary or involuntary.

3. An employer shall not provide information pursuantto subsection 1 if the disclosure of the information is prohibited pursuant toa federal or state statute or regulation.

4. A law enforcement agency may use the informationthat it receives pursuant to this section only to determine the suitability ofan applicant for employment as a peace officer.

5. Except as otherwise provided in this subsection, alaw enforcement agency shall maintain the confidentiality of information thatit receives pursuant to this section. A law enforcement agency may shareinformation regarding an applicant that it receives pursuant to this sectionwith another law enforcement agency if:

(a) The applicant is also an applicant for a positionas a peace officer with the other law enforcement agency; and

(b) The confidentiality of the information is otherwisemaintained.

6. As used in this section:

(a) Employer includes a public employer and a privateemployer.

(b) Law enforcement agency has the meaning ascribedto it in NRS 277.035.

(c) Peace officer has the meaning ascribed to it in NRS 289.010.

(Added to NRS by 1999, 1908)

NRS 239B.030 Confidentialityof social security numbers. [Effective January 1, 2007.]

1. Except as otherwise provided in subsection 2, aperson shall not include and a governmental agency shall not require a personto include the social security number of a person on any document that isrecorded, filed or otherwise submitted to the governmental agency on or afterJanuary 1, 2007.

2. If the social security number of a person isrequired to be included in a document that is recorded, filed or otherwisesubmitted to a governmental agency on or after January 1, 2007, pursuant to aspecific state or federal law, for the administration of a public program orfor an application for a federal or state grant, a governmental agency shallensure that the social security number is maintained in a confidential mannerand may only disclose the social security number as required:

(a) To carry out a specific state or federal law; or

(b) For the administration of a public program or anapplication for a federal or state grant.

3. A governmental agency shall take necessary measuresto ensure that notice of the provisions of this section is provided to personswith whom it conducts business. Such notice may include, without limitation,posting notice in a conspicuous place in each of its offices.

4. A governmental agency may require a person whorecords, files or otherwise submits any document to the governmental agency toprovide an affirmation that the document does not contain the social securitynumber of any person. A governmental agency may refuse to record, file orotherwise accept a document which does not contain such an affirmation whenrequired and any document which contains the social security number of aperson.

5. On or before January 1, 2017, each governmentalagency shall ensure that any social security number contained in a documentthat has been recorded, filed or otherwise submitted to the governmental agencybefore January 1, 2007, which the governmental agency continues to hold ismaintained in a confidential manner or is obliterated or otherwise removed fromthe document. Any action taken by a governmental agency pursuant to thissubsection must not be construed as affecting the legality of the document.

6. As used in this section, governmental agencymeans an officer, board, commission, department, division, bureau, district orany other unit of government of the State or a local government.

(Added to NRS by 2005, 2507; A 2005, 22nd SpecialSession, 97, effective January 1, 2007)

NRS 239B.040 Databasescontaining electronic mail addresses or telephone numbers of certain persons;use of information; confidentiality.

1. Except as otherwise provided in this section or byspecific statute:

(a) If a person or his agent provides the electronicmail address or telephone number of the person to a governmental entity for thepurpose of or in the course of communicating with that governmental entity, thegovernmental entity may maintain the electronic mail address or telephonenumber in a database.

(b) A database described in this subsection:

(1) Is confidential;

(2) Is not a public book or record within themeaning of NRS 239.010; and

(3) Must not be disclosed in its entirety as asingle unit.

2. The individual electronic mail address or telephonenumber of a person is not confidential and may be disclosed individually inaccordance with applicable law if the person or his agent provides theelectronic mail address or telephone number to a governmental entity:

(a) In the course of an existing business orcontractual relationship with the governmental entity; or

(b) In the course of seeking to establish a business orcontractual relationship with the governmental entity, including, withoutlimitation, in response to a request for proposals or invitation to bid fromthe governmental entity.

3. A governmental entity:

(a) Shall disclose in its entirety as a single unit adatabase described in subsection 1 in response to an order issued by a court ofcompetent jurisdiction; and

(b) May disclose in its entirety as a single unit adatabase described in subsection 1 upon a finding by the governing body of thegovernmental entity that the disclosure of the database is necessary:

(1) To protect the public safety; or

(2) To assist in the investigation orprosecution of a crime.

4. The provisions of this section do not alter, limitor otherwise affect the operation of any statute or regulation of this Statewhich provides greater or more stringent protections for the confidentiality ofthe electronic mail address or telephone number of a person.

5. As used in this section, telephone numberincludes, without limitation, the telephone number for a facsimile machine ortelecopier.

(Added to NRS by 2005, 1043)

NRS 239B.050 Disclosureof personal information on website.

1. If a public body maintains a website on theInternet, the public body shall not disclose on that website personalinformation unless the disclosure is required by a federal or state statute orregulation.

2. If it appears that a public body has engaged in oris about to engage in any act or practice which violates subsection 1, theAttorney General or the appropriate district attorney may file an action in anycourt of competent jurisdiction for an injunction to prevent the occurrence orcontinuance of that act or practice.

3. An injunction:

(a) May be issued without proof of actual damagesustained by any person.

(b) Does not preclude the criminal prosecution andpunishment of an act or practice that may otherwise be prohibited by law.

4. As used in this section:

(a) Personal information has the meaning ascribed toit in NRS 603A.040.

(b) Public body has the meaning ascribed to it in NRS 205.462.

(Added to NRS by 2005, 2503)