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03.10.2010 12:33 AM

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Nevada

A Nevada statute (N.R.S. 597.970) that takes effect October 1, 2008 requires businesses “in this State” to encrypt all customer personal information (other than facsimiles) that is electronically transmitted “outside the secure system of the business.” The statute refers to Nevada's data breach statute for the definition of "personal information," which is defined as first name or first initial and last name in combination with any of the following elements: SSN; driver’s license or ID card number; or account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to the person’s financial account. (N.R.S. 603A.040) The statute does not include a definition of what it means to be a "business in this state," thus making it unclear as to whether the statute would only apply to businesses physically located in the state or to all entities conducting business with Nevada residents.

NRS 597.945 Restrictions on printing expiration date or account number of credit card or debit card on receipt.

1. Except as otherwise provided in this section, if a person accepts credit cards or debit cards for the transaction of business, the person shall not do any of the following:

(a) Print the expiration date of the credit card or debit card on any receipt provided to the cardholder.

(b) Print more than the last five digits of the account number of the credit card or debit card on any receipt provided to the cardholder.

2. This section:

(a) Applies only to receipts that are electronically printed.

(b) Does not apply to transactions in which the only means of recording the credit card or debit card number is:

(1) By handwriting the credit card or debit card number; or

(2) By imprinting or copying the credit card or debit card.

3. If any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions was first put into use before October 1, 2003, the provisions of this section do not apply to any transaction that occurs with regard to that cash register or other machine or device before January 1, 2008.

4. As used in this section:

(a) “Credit card” means any instrument or device, whether known as a credit card, credit plate or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

(b) “Debit card” means any instrument or device, whether known as a debit card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value, subject to the issuer removing money from the checking account or savings account of the cardholder.

(Added to NRS by 2003, 1358)

Steelgate Technologies’ software will help you comply by automatically encrypting, compressing and backing up your data off site, sign up now for a free 50GB trial.

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