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Nebraska cybersecurity liability bill moves closer to becoming law

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Juan Salinas II
(Nebraska Examiner)

Nebraska State Senator Bob Hallstrom’s bill to provide private entities with immunity from liability for data breaches is one step closer to becoming state law.

After an hour-long floor debate Friday and a failed attempt to amend the bill, the legislation advanced to the final round in a 29-9 vote.

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The proposed law would make it harder to sue a business in the event of a hack, unless caused by the “willful, wanton or gross negligence” of a business. Hallstrom, of Syracuse, said during the bill’s committee hearingthat many lawsuits have been filed in which the plaintiffs did not suffer monetary harm.

Some lawmakers have said the bill could weaken consumer protections and would give businesses unnecessary and special legal protections if hacked.

State Senator John Cavanaugh of Omaha proposed an amendment to LB 241 that would have ensured it “does not undermine or impede the rights of anyone under the Nebraska data privacy act.”

“I don’t like this bill … but again, I’m asking for your green vote on AM47, because all it says is that we are not intentionally repealing or undermining the data privacy act,” Cavanaugh said.

The amendment failed 26-9.

State Senator Mike Jacobson of North Platte said the amendment was a tactic to stall the bill.

“It’s time to move on, get the bill passed, do the people’s business and move on to the agenda,” Jacobson said.