DISCLOSURE OF PERSONAL INFORMATION TO GOVERNMENTAL AGENCIES

Nev. Rev. Stat. 239B

in effect

Nev. Rev. Stat. § 239B.010 Request by agency of State or political subdivision for information on certain persons from Federal Bureau of Investigation.

1. Any agency of the State or any political subdivision may request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person: (a) Who has applied to it for a license as required by any statute or local ordinance which it has the power to grant or deny; (b) With whom it intends to enter into a relationship of employment or a contract for personal services; (c) Who has applied to it to attend an academy for training peace officers approved by the Peace Officers Standards and Training Commission; or (d) About whom it is authorized by law to have accurate personal information for the protection of the agency or the people within its jurisdiction. 2. Except as otherwise provided in subsection 3: (a) To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 1, the agency or political subdivision must: (1) Require the person to submit a complete set of his or her fingerprints; and (2) Forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. (b) Only the Central Repository may: (1) Receive fingerprints from an agency of the State or any political subdivision for submission to the Federal Bureau of Investigation pursuant to this section; (2) Submit those fingerprints to the Federal Bureau of Investigation; and (3) Receive a report from the Federal Bureau of Investigation based on the submission of those fingerprints. 3. If an agency or political subdivision that wishes to request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 1 is required by federal law to comply with specific procedures to request and receive such information from the Federal Bureau of Investigation: (a) The provisions of subsection 2 do not apply to the agency or political subdivision; and (b) The agency or political subdivision must comply with the specific procedures required by federal law.

Nev. Rev. Stat. § 239B.020 Request by public safety agency for certain information on applicant for position of firefighter or peace officer from employer or former employer of applicant; use of information; confidentiality.

1. Upon the request of a public safety agency, an employer shall provide to the public safety agency information, if available, regarding a current or former employee of the employer who is an applicant for the position of firefighter or peace officer, as applicable, with the public safety agency. A request for information by a public safety agency pursuant to this subsection must be: (a) In writing; (b) Accompanied by an authorization signed by the applicant and notarized by a notary public or judicial officer in which the applicant consents to the release of the information; and (c) Presented to the employer by a sworn officer or other authorized representative of the public safety agency. 2. The information that a public safety agency may request pursuant to subsection 1 includes, without limitation: (a) The date on which the applicant began the employment and, if applicable, the date on which the employment of the applicant was terminated; (b) A list of the compensation that the employer provided to the applicant during the course of the employment; (c) An application for a position of employment that the applicant submitted to the employer; (d) A written evaluation of the performance of the applicant; (e) A record of the attendance of the applicant; (f) A record of disciplinary action taken against the applicant; (g) A statement regarding whether the employer would rehire the applicant and, if the employer would not rehire the applicant, the reasons therefor; and (h) If applicable, a record setting forth the reason that the employment of the applicant was terminated and whether the termination was voluntary or involuntary. 3. An employer shall not provide information pursuant to subsection 1 if the disclosure of the information is prohibited pursuant to a federal or state statute or regulation. 4. A public safety agency may use the information that it receives pursuant to this section only to determine the suitability of an applicant for employment as a firefighter or peace officer, as applicable. 5. Except as otherwise provided in this subsection, a public safety agency shall maintain the confidentiality of information that it receives pursuant to this section. A public safety agency may share information regarding an applicant that it receives pursuant to this section with another public safety agency if: (a) The applicant is also an applicant for a position as a firefighter or peace officer, as applicable, with the other public safety agency and the applicant submitted a single application to be used by multiple public safety agencies; and (b) The confidentiality of the information is otherwise maintained. 6. As used in this section: (a) Employer includes a public employer and a private employer. (b) Firefighter means a person who is a salaried employee of a fire-fighting agency and whose principal duties are to control, extinguish, prevent and suppress fires. (c) Fire-fighting agency means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires. (d) Peace officer has the meaning ascribed to it in NRS 289.010 . (e) Public safety agency means: (1) A fire-fighting agency; or (2) A law enforcement agency as defined in NRS 277.035 .

Nev. Rev. Stat. § 239B.022 Request by governmental agency for certain information related to sexual orientation or gender identity or expression: Legislative declaration.

The Legislature finds and declares that: 1. It is the intent of the Legislature that, in collecting information, governmental agencies must gather accurate information in order for the State and local governments to be able to enhance and improve public services to people in this State. 2. Various governmental agencies collect information on race and ethnicity but there is limited collection by governmental agencies of information related to sexual orientation and gender identity or expression. 3. Compared to the broader community, lesbian, gay, bisexual, transgender and questioning persons experience disparities in their health and welfare and disproportionately high rates of poverty, suicide, homelessness, isolation, substance use disorders and violence. These problems are more prevalent for youth and seniors, communities of color and immigrants. 4. It is in the best interests of the State to respect, embrace and understand the full diversity of residents by collecting accurate information to effectively implement and deliver critical services and programs.

Nev. Rev. Stat. § 239B.024 Request by governmental agency for certain information related to sexual orientation or gender identity or expression: Governmental agency defined.

As used in NRS 239B.022 and 239B.026, governmental agency means an officer, board, commission, department, division, bureau, district or any other unit of government of the State or a local government.

Nev. Rev. Stat. § 239B.026 Request by governmental agency for certain information related to sexual orientation or gender identity or expression: Confidentiality of information; provision of information optional; denial of services prohibited; limitation on use of information; annual report to Legislature.

1. A governmental agency that requests from a person information related to the persons race or ethnicity shall also request information related to the persons sexual orientation and gender identity or expression. Except as otherwise provided in this section, all information related to a persons sexual orientation or gender identity or expression that is received by a governmental agency is confidential. 2. No person shall be: (a) Required to provide to a governmental agency any information related to the persons sexual orientation or gender identity or expression; or (b) Denied services or assistance from a governmental agency for failure to provide to the governmental agency any information related to the persons sexual orientation or gender identity or expression. 3. A governmental agency that receives information related to a persons sexual orientation or gender identity or expression may only use such information for carrying out the duties of the governmental agency, demographic analysis, coordination of care and services, improvement of care and services, conducting research, fulfilling a reporting requirement pursuant to federal or state law or informing policy or funding decisions. 4. On or before December 31 of each year, a governmental agency shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission, a summary of the information received by the governmental agency related to sexual orientation or gender identity or expression, including, without limitation, the number of people who identify as lesbian, gay, bisexual or transgender, according to race and gender. All information must be reported in the aggregate and must not include any personally identifiable information.

Nev. Rev. Stat. § 239B.027 Confidentiality of personal information that identifies person as donor, member or volunteer of nonprofit organization; exceptions; cause of action. [Effective July 1, 2027.]

1. Except as otherwise provided in subsection 3, a governmental entity shall maintain in a confidential manner any personal information that identifies a person as a donor, member or volunteer of a nonprofit organization. 2. Except as otherwise provided in subsection 3, a governmental entity shall not: (a) Require any person or nonprofit organization to provide the governmental entity with personal information that identifies a person as a donor, member or volunteer of a nonprofit organization or otherwise compel the release of such personal information; (b) Release, publicize or otherwise publicly disclose personal information in possession of the governmental entity that identifies a person as a donor, member or volunteer of a nonprofit organization; or (c) Request or require a current or prospective contractor or grantee working with the governmental entity to provide a list of nonprofit organizations to which the contractor or grantee has provided financial support or in-kind services or goods. 3. The provisions of subsections 1 and 2 do not apply to personal information that identifies a person as a donor, member or volunteer of a nonprofit organization that is requested, obtained, released or disclosed as a result of any of the following: (a) Any personal information required to be disclosed by statute or regulation for the purpose of complying with federal law; (b) Any information, report or disclosure required to be: (1) Filed with the Secretary of State pursuant to title 7 of NRS provided that, except as otherwise provided in this subsection, any information that directly identifies a person as a donor of financial support to a nonprofit organization must not be collected or disclosed; or (2) Disclosed pursuant to any statute, regulation or ordinance for a person or nonprofit organization to qualify for, operate or engage in a business activity in this State or in a city or county in this State; (c) Any report or disclosure required to be filed pursuant to chapter 294A of NRS; (d) Any confidential information shared pursuant to NRS 232.357 ; (e) Any lawful warrant for personal information issued by a court of competent jurisdiction; (f) Any lawful request for personal information in connection with discovery proceedings if: (1) The relevant and probative value of the information requested outweighs its prejudicial effect; and (2) The requester obtains a protective order from the court barring the disclosure of such information to any person not named in the proceedings; (g) Any personal information voluntarily released by a person to the governmental entity or any personal information voluntarily released by a nonprofit organization to the public; (h) Any personal information admitted as evidence before a court of competent jurisdiction, if the court finds there is good cause for the public release of such information; (i) Any contract, resolution or agreement entered into by a nonprofit organization with a governmental entity, including for purposes of obtaining a governmental benefit or grant, whereby the governmental entity is authorized to or any statute which expressly authorizes a governmental entity to inspect the records of the nonprofit organization, including, without limitation, a contract, resolution or agreement entered into pursuant to NRS 427A.085 , 433.354 , 433B.220 or 439.155 or a request for a screening submitted pursuant to NRS 179A.325 ; (j) Any report required to be filed by a nonprofit organization and posted by the Department of Human Services on the Internet website maintained by the Department pursuant to NRS 439B.665 and 439B.670 ; (k) Any information required to be filed by a nonprofit organization of surplus line brokers with the Commissioner of Insurance pursuant to NRS 685A.075 ; (l) Any information submitted to a governmental entity by a national securities association that is registered pursuant to 15 U.S.C. § 78o-3 or any regulation adopted pursuant thereto, including, without limitation, any information submitted to the Secretary of State pursuant to chapters 90 and 91 of NRS and any regulations adopted pursuant thereto for the purposes of licensing, registration, examination, investigation or enforcement; (m) Any requirement to disclose the relationship between a public officer or employee and a nonprofit organization pursuant to NRS 281A.420 , as a response to a lawful request or subpoena in an investigation or as part of or in response to a request for an advisory opinion submitted pursuant to NRS 281A.670 to 281A.690 , inclusive, or an ethics complaint filed or initiated pursuant to NRS 281A.700 to 281A.790 , inclusive; (n) Any information submitted to or requested by the Nevada Gaming Control Board pursuant to NRS 462.160 for the purposes of the licensing or registration of a charitable lottery or charitable game, provided that any information collected is confidential as provided in NRS 463.120 ; (o) A request for information: (1) Required by the Attorney General for an audit, examination, review or investigation conducted pursuant to NRS 82.536 , provided that: (I) Such information must only be used in connection with the specific audit, examination, review or investigation to which the request is related and for any related proceedings; and (II) Such information otherwise remains subject to the provisions of this section, unless expressly required by law to be publicly disclosed; (2) Relating to the authority to exercise the power of the Secretary of State or the power of the Attorney General in the areas of consumer protection pursuant to NRS 228.380 , including, without limitation, the provisions of NRS 90.615 , 597.262 , 597.8198 , 598C.180 , 599B.015 , and 599B.213 to 599B.245 , inclusive, and chapters 598 , 598A and 711 of NRS, provided that such information is otherwise subject to the requirements of this section, unless expressly required by law to be publicly disclosed; (3) Relating to a criminal investigation or prosecution by the Attorney General, a district attorney on behalf of a county or a city attorney on behalf of a city, where there is credible evidence that a crime has been or is being committed or for information relating to any authorized civil investigation or inquiry undertaken by the Attorney General, district attorney or city attorney, as applicable, provided that any personal information obtained in such an investigation or prosecution must remain confidential unless its disclosure is expressly required by law to be publicly disclosed or is necessary to publicize in a court pleading or submission of evidence to a court; or (4) Connected with a constituent complaint submitted to the Attorney General; and (p) The names of members of a labor organization and the amount of dues collected by a governmental entity that are provided to the labor organization for the purposes of collecting and reporting the remittance of dues to the labor organization from its members, in accordance with a valid authorization to withhold dues. 4. Any person who alleges that the person has been harmed by a governmental entity or an officer or employee of a governmental entity that has violated the provisions of subsection 1 or 2 may bring a civil action in a court of competent jurisdiction. To prevail, the person must prove to the court that the governmental entity or officer or employee of the governmental entity caused harm to the person by violating the provisions of subsection 1 or 2 where the governmental entity or officer or employee thereof knew or should have known such actions violated the provisions of subsection 1 or 2. If the person prevails, the person is entitled to receive any or all of the following relief: (a) Injunctive relief as the court deems appropriate; (b) Costs incurred in bringing the action, including, without limitation, reasonable attorneys fees; (c) Except as otherwise provided in paragraph (d), the greater of actual damages or statutory damages equal to: (1) For a first offense committed against the person, $1,000; (2) For a second offense committed against the person, $5,000; and (3) For a third or any subsequent offense committed against the person, $10,000. (d) If the court determines that a governmental entity or officer or employee of a governmental entity acted recklessly or willfully to violate the provisions of this section, the court may award treble the amount of the damages assessed pursuant to paragraph (c). 5. For the purposes of this section: (a) Personal information that identifies a person as a donor, member or volunteer of a nonprofit organization: (1) Includes, without limitation, any list, record, register, roster or other data of any kind that includes a donation, name, address or telephone number that directly or indirectly identifies a person as a donor of financial support or in-kind services or goods, a member or a volunteer of any nonprofit organization; and (2) Does not include information that identifies a person as a staff member, employee or contractor of a nonprofit organization. (b) An entity that has submitted an application with the Internal Revenue Service for recognition as a tax exempt entity pursuant to section 501(c) of the Internal Revenue Code, 26 U.S.C. § 501(c), meets the definition of nonprofit organization set forth in subsection 6 only if the governmental entity receives actual notice from the entity of the pending application. 6. As used in this section: (a) Governmental entity has the meaning ascribed to it in NRS 239.005 . (b) Labor organization has the meaning ascribed to it in NRS 288.048 . (c) Nonprofit organization means: (1) An organization which qualifies as tax exempt pursuant to section 501(c) of the Internal Revenue Code, 26 U.S.C. § 501(c); and (2) Any entity that has submitted an application with the Internal Revenue Service for recognition as a tax exempt entity pursuant to section 501(c) of the Internal Revenue Code, 26 U.S.C. § 501(c).

Nev. Rev. Stat. § 239B.028 Collection of information related to race or ethnicity: Inclusion of separate categories for certain races or ethnicities.

An agency of criminal justice, as defined in NRS 179A.030, that collects information from a person related to the race or ethnicity of the person may include a separate category for persons of Middle Eastern or North African descent. Any other governmental agency, as defined in NRS 239B.024, that collects information from a person related to the race or ethnicity of the person shall include a separate category for persons of Middle Eastern or North African descent.

Nev. Rev. Stat. § 239B.030 Recorded, filed or otherwise submitted documents.

1. Except as otherwise provided in subsections 2, 3 and 8, a person shall not include and a governmental agency shall not require a person to include any personal information about a person on any document that is recorded, filed or otherwise submitted to the governmental agency on or after January 1, 2007. 2. If personal information about a person is required to be included in a document that is recorded, filed or otherwise submitted to a governmental agency on or after January 1, 2007, pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant, a governmental agency shall ensure that the personal information is maintained in a confidential manner and may only disclose the personal information as required: (a) To carry out a specific state or federal law; or (b) For the administration of a public program or an application for a federal or state grant. Ê Any action taken by a governmental agency pursuant to this subsection must not be construed as affecting the legality of the document. 3. If personal information about a person is required to be included in a document that is recorded, filed or otherwise submitted to a governmental agency on or after January 1, 2021, pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant, a governmental agency may require a person to record, file or otherwise submit such a document by electronic means. 4. A governmental agency may establish procedures by which a person may apply for and receive a waiver from a requirement imposed pursuant to subsection 3. Such procedures must: (a) Authorize the governmental agency to waive a requirement imposed pursuant to subsection 3 for good cause shown; (b) Require such a waiver to be effective for not less than 24 months; and (c) Allow a person who has been granted a waiver to reapply for and obtain additional waivers. 5. A governmental agency shall take necessary measures to ensure that notice of the provisions of this section is provided to persons with whom it conducts business. Such notice may include, without limitation, posting notice in a conspicuous place in each of its offices. 6. A governmental agency may require a person who records, files or otherwise submits any document to the governmental agency to provide an affirmation that the document does not contain personal information about any person or, if the document contains any such personal information, identification of the specific law, public program or grant that requires the inclusion of the personal information. A governmental agency may refuse to record, file or otherwise accept a document which does not contain such an affirmation when required or any document which contains personal information about a person that is not required to be included in the document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant. 7. Each governmental agency may ensure that any personal information contained in a document that has been recorded, filed or otherwise submitted to the governmental agency before January 1, 2007, which the governmental agency continues to hold is: (a) Maintained in a confidential manner if the personal information is required to be included in the document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant; or (b) Obliterated or otherwise removed from the document, by any method, including, without limitation, through the use of computer software, if the personal information is not required to be included in the document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant. Ê Any action taken by a governmental agency pursuant to this subsection must not be construed as affecting the legality of the document. 8. A person may request that a governmental agency obliterate or otherwise remove from any document submitted by the person to the governmental agency before January 1, 2007, any personal information about the person contained in the document that is not required to be included in the document pursuant to a specific state or federal law, for the administration of a public program or for an application for a federal or state grant or, if the personal information is so required to be included in the document, the person may request that the governmental agency maintain the personal information in a confidential manner. If any documents that have been recorded, filed or otherwise submitted to a governmental agency: (a) Are maintained in an electronic format that allows the governmental agency to retrieve components of personal information through the use of computer software, a request pursuant to this subsection must identify the components of personal information to be retrieved. The provisions of this paragraph do not require a governmental agency to purchase computer software to perform the service requested pursuant to this subsection. (b) Are not maintained in an electronic format or not maintained in an electronic format in the manner described in paragraph (a), a request pursuant to this subsection must describe the document with sufficient specificity to enable the governmental agency to identify the document. Ê The governmental agency shall not charge any fee to perform the service requested pursuant to this subsection. 9. As used in this section: (a) Governmental agency means an officer, board, commission, department, division, bureau, district or any other unit of government of the State or a local government. (b) Personal information has the meaning ascribed to it in NRS 603A.040 .

Nev. Rev. Stat. § 239B.040 Databases containing electronic mail addresses or telephone numbers of certain persons; use of information; confidentiality.

1. Except as otherwise provided in this section or by specific statute: (a) If a person or his or her agent provides the electronic mail address or telephone number of the person to a governmental entity for the purpose of or in the course of communicating with that governmental entity, the governmental entity may maintain the electronic mail address or telephone number in a database. (b) A database described in this subsection: (1) Is confidential; (2) Is not a public book or record within the meaning of NRS 239.010 ; and (3) Must not be disclosed in its entirety as a single unit. 2. The individual electronic mail address or telephone number of a person is not confidential and may be disclosed individually in accordance with applicable law if the person or his or her agent provides the electronic mail address or telephone number to a governmental entity: (a) In the course of an existing business or contractual relationship with the governmental entity; or (b) In the course of seeking to establish a business or contractual relationship with the governmental entity, including, without limitation, in response to a request for proposals or invitation to bid from the governmental entity. 3. A governmental entity: (a) Shall disclose in its entirety as a single unit a database described in subsection 1 in response to an order issued by a court of competent jurisdiction; and (b) May disclose in its entirety as a single unit a database described in subsection 1 upon a finding by the governing body of the governmental entity that the disclosure of the database is necessary: (1) To protect the public safety; or (2) To assist in the investigation or prosecution of a crime. 4. The provisions of this section do not alter, limit or otherwise affect the operation of any statute or regulation of this State which provides greater or more stringent protections for the confidentiality of the electronic mail address or telephone number of a person. 5. As used in this section, telephone number includes, without limitation, the telephone number for a facsimile machine or telecopier.

Nev. Rev. Stat. § 239B.050 Websites.

1. If a public body maintains a website on the Internet, the public body shall not disclose on that website personal information unless the disclosure is required by a federal or state law or for the administration of a public program or an application for a federal or state grant. 2. If it appears that a public body has engaged in or is about to engage in any act or practice which violates subsection 1, the Attorney General or the appropriate district attorney may file an action in any court of competent jurisdiction for an injunction to prevent the occurrence or continuance of that act or practice. 3. An injunction: (a) May be issued without proof of actual damage sustained by any person. (b) Does not preclude the criminal prosecution and punishment 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 to it in NRS 603A.040 . (b) Public body has the meaning ascribed to it in NRS 205.462 .

Nev. Rev. Stat. § 239B.060 Immunity of officer, employee or member of governmental agency or public body from damages resulting from certain acts and omissions in carrying out the provisions of NRS 239B.030 and 239B.050 .

1. An officer, employee or member of a governmental agency or public body is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in carrying out the provisions of NRS 239B.030 or 239B.050 . 2. As used in this section: (a) Governmental agency means an officer, board, commission, department, division, bureau, district or any other unit of government of the State or a local government. (b) Public body has the meaning ascribed to it in NRS 205.462 .

Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-239B.htmlFetched: 10/4/2026