§ 41.1347 — Action for damages for dissemination of personal identifying information or sensitive information; attorney’s fees and costs; exceptions; joint and several liability; injunctive relief; interactive computer service not liable for content provided by another person

1. Except as otherwise provided in subsection 3, a person may bring a civil action against another person if:
(a) The other person disseminates any personal identifying information or sensitive information of the person without the consent of the person, knowing that the person could be identified by such information:
(1) With the intent to aid, assist, encourage, facilitate, further or promote any criminal offense which would be reasonably likely to cause death, bodily injury or stalking; or
(2) With the intent to cause harm to the person and with knowledge of or reckless disregard for the reasonable likelihood that the dissemination of the information may cause death, bodily injury or stalking; and
(b) The dissemination of the personal identifying information or sensitive information:
(1) Would cause a reasonable person to fear the death, bodily injury or stalking of himself or herself or a close relation; or
(2) Causes the death, bodily injury or stalking of the person whose information was disseminated or a close relation of the person.
2. If a person is found liable to a person whose information was disseminated pursuant to subsection 1, the person whose information was disseminated may recover damages, reasonable attorney’s fees and costs.
3. The provisions of this section do not apply to the dissemination of personal identifying information or sensitive information:
(a) For the purposes of reporting conduct reasonably believed to be unlawful;
(b) Which depicts a law enforcement officer acting under the color of law or an elected officer of the State of Nevada or any of its political subdivisions acting in an official capacity;
(c) Gathered in the exercise of the constitutionally protected rights of freedom of speech and assembly; or
(d) Which is a good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern, as defined in NRS 41.637 .
4. Each person who is found liable under this section for the same dissemination of personal identifying information or sensitive information is jointly and severally liable for the damages, reasonable attorney’s fees and costs awarded by the court.
5. Upon a motion by a party in a civil action brought under this section, a court may issue a temporary restraining order or a permanent or temporary injunction to prevent the dissemination of any personal identifying information or sensitive information of a person.
6. This section must not be construed to impose liability on any interactive computer service for any content provided by another person.
7. As used in this section:
(a) “Close relation” means a current or former spouse or domestic partner, parent, child, sibling, stepparent, grandparent or any person who regularly resides in the household or who, within the immediately preceding 6 months, regularly resided in the household.
(b) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(f)(2).
(c) “Law enforcement officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360 , inclusive.
(d) “Personal identifying information” has the meaning ascribed to it in NRS 205.4617 .
(e) “Sensitive information” means information concerning:
(1) The sexual orientation of a person;
(2) Whether a person is transgender or has undergone a gender transition; or
(3) The human immunodeficiency virus status of a person.
(f) “Stalking” means a violation of NRS 200.575 .

Legislative History

(Added to NRS by 2021, 2135 )