[Rev. 11/21/2013 10:19:49
AM--2013]
CHAPTER 239B - DISCLOSURE OF PERSONAL
INFORMATION TO GOVERNMENTAL AGENCIES
NRS 239B.010 Request
by agency of State or political subdivision for information on certain persons
from Federal Bureau of Investigation.
NRS 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.
NRS 239B.030 Recorded,
filed or otherwise submitted documents.
NRS 239B.040 Databases
containing electronic mail addresses or telephone numbers of certain persons;
use of information; confidentiality.
NRS 239B.050 Websites.
NRS 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.
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NRS 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.
(Added to NRS by 1981, 536; A 2003, 2847; 2005, 16; 2009, 1843)
NRS 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.
(Added to NRS by 1999, 1908; A 2007, 1047)
NRS 239B.030 Recorded, filed or otherwise submitted documents.
1. Except as otherwise provided in
subsections 2 and 6, 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. 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.
4. 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.
5. 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.
6. 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.
7. 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.
(Added to NRS by 2005, 2507; A 2005, 22nd
Special Session, 97; 2007, 1311; 2013, 3664)
NRS 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.
(Added to NRS by 2005, 1043)
NRS 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.
(Added to NRS by 2005, 2503; A 2007, 1312)
NRS 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.
(Added to NRS by 2007, 1310)
