Nevada Statute | Act | Code |Title 19 - Miscellaneous Matters Related To Government And Public Affairs| US Code - US Statute | Chapter 239b - Disclosure Of Personal Information To Governmental Agencies

USA Statutes : nevada
Title : Title 19 - MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS
Chapter : CHAPTER 239B - DISCLOSURE OF PERSONAL INFORMATION TO GOVERNMENTAL AGENCIES

      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 has a legitimate need 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
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 )

      1. Upon the request of a law enforcement agency, an employer shall
provide to the law enforcement agency information, if available,
regarding a current or former employee of the employer who is an
applicant for the position of peace officer with the law enforcement
agency. A request for information by a law enforcement 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 law enforcement agency.

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

      (a) The date on which the applicant began his 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 law enforcement agency may use the information that it
receives pursuant to this section only to determine the suitability of an
applicant for employment as a peace officer.

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

      (a) The applicant is also an applicant for a position as a peace
officer with the other law enforcement agency; 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) “Law enforcement agency” has the meaning ascribed to it in NRS
277.035 .

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

      (Added to NRS by 1999, 1908 )

[Effective January 1, 2007.]

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

      2. If the social security number of 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 social security number is maintained in a confidential
manner and 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 an application
for a federal or state grant.

      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 the social security
number of any person. A governmental agency may refuse to record, file or
otherwise accept a document which does not contain such an affirmation
when required and any document which contains the social security number
of a person.

      5. On or before January 1, 2017, each governmental agency shall
ensure that any social security number 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 maintained in a confidential manner or is obliterated or otherwise
removed from the document. Any action taken by a governmental agency
pursuant to this subsection must not be construed as affecting the
legality of the document.

      6. As used in this section, “governmental agency” means an
officer, board, commission, department, division, bureau, district or any
other unit of government of the State or a local government.

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

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

      (a) If a person or his 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 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 )

      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 statute or
regulation.

      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 )

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