Nebraska Privacy laws & HR compliance analysis

Nebraska Privacy: What you need to know

Nebraska law expressly provides the right to privacy and allows its citizens to sue if that right is violated (NE Rev. Stat. Sec. 20-201 et seq.).
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Specifically, Nebraska recognizes three separate legal claims for invasion of privacy:
• Exploitation of a person's name, picture, portrait, or personality for advertising or commercial purposes;
• Intrusion upon one's solitude or seclusion; and
• Publicity that places a person in a false light in the public eye.
A person cannot sue for invasion of privacy if he or she expressly or implicitly consented to the publication or intrusion, as long as it does not deviate from what the person consented to.
Identity theft and "criminal impersonation" are crimes in Nebraska. A person commits criminal impersonation if he or she:
• Provides false personal identifying information or a false personal identification document to a court or law enforcement officer;
• Pretends to be a representative of some person or organization to gain a financial benefit and to deceive or harm another;
• Carries on any profession, business, or other occupation without a license, certificate, or other authorization as required by law; or
• Provides false personal identifying information or a false personal identification document to an employer to obtain employment (NE Rev. Stat. Sec. 28-638).
A person commits identity theft if he or she knowingly takes, purchases, manufactures, records, possesses, or uses any identifying information of another person or entity without that other person or entity’s consent or if he or she knowingly creates personal identifying information for a fictional person or entity with the intent to:
• Obtain or use the other person’s or entity’s identity for ...

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