Nebraska currently permits the use of facial recognition technology (FRT) by law‑enforcement agencies and private entities, but the practice is tightly regulated under state privacy statutes and the 2022 “Biometric Information Privacy Act” (BIPA) amendments. Starting July 1 2026, new legislation—SB 452—will impose stricter consent requirements, data‑retention limits, and mandatory impact assessments, effectively reshaping how FRT can be deployed across the state. Existing users must begin compliance planning now to avoid hefty civil penalties and potential injunctive relief.
Current Legal Framework
Nebraska’s original biometric privacy law, enacted in 2019, requires entities to obtain written consent before collecting facial scan data and to disclose the purpose, duration, and third‑party sharing practices. The law also grants individuals the right to request deletion of their biometric records. Enforcement is handled by the Attorney General’s Office, which can impose fines up to $2,500 per violation.
Law‑enforcement agencies operate under separate authority granted by the Nebraska Revised Statutes § 71‑2815, allowing the use of FRT for suspect identification, provided the technology meets accuracy standards set by the State Patrol’s Technology Review Board. Recent audits disclosed that 68 percent of agencies use FRT without documented impact studies, prompting legislative attention.
The 2026 Updates (SB 452)
SB 452, slated to take effect on July 1 2026, introduces several pivotal changes:
- Explicit Opt‑In Consent – Organizations must present a clear, stand‑alone consent form that explains all potential uses of facial data, replacing the current opt‑out model.
- Data‑Retention Cap – Collected facial templates may be stored for no more than 90 days unless a documented exemption is granted.
- Impact Assessments – Before deploying new FRT systems, entities must conduct a privacy impact assessment reviewed by the Nebraska Privacy Commission.
- Third‑Party Transparency – Any sharing of biometric data with outside vendors must be disclosed in a public registry updated quarterly.
- Increased Penalties – Violations after the effective date can attract fines of up to $5,000 per record, with an additional $10,000 civil award for each class‑action plaintiff.
These provisions aim to balance public‑safety benefits with individual privacy rights, aligning Nebraska with emerging national standards.
Implications for Businesses and Agencies
- Compliance Planning – Organizations should audit existing FRT deployments, update consent procedures, and establish data‑deletion protocols before the 2026 deadline.
- Vendor Contracts – Contracts with technology providers must include clauses obligating the vendor to adhere to Nebraska’s impact‑assessment and retention rules.
- Training – Employees handling biometric data need privacy‑training modules that reflect the new statutory language.
- Risk Management – Failure to adapt may result in significant financial exposure and reputational damage, especially for retailers and financial institutions that rely heavily on facial verification for fraud prevention.
Frequently Asked Questions
What types of facial recognition are covered by Nebraska law?
The statutes apply to any system that captures, stores, or transmits a unique facial biometric template, whether used for verification (e.g., unlocking a device) or identification (e.g., surveillance).
Can law‑enforcement agencies use FRT without consent?
Yes, agencies are exempt from the consent requirement when the technology is employed for criminal investigations, provided they follow accuracy standards and retain records only as necessary for the case.
How does the 2026 opt‑in requirement affect existing users?
Current users must redesign their consent forms to be explicit and separate from other terms of service. Retroactive consent is not permissible; individuals must be re‑contacted to grant permission for continued data collection.
Are there any exemptions to the 90‑day retention rule?
Exemptions exist for ongoing investigations, court orders, or situations where longer retention is essential for public safety, but each exemption must be documented and justified in the impact assessment.
What penalties can an organization face for non‑compliance after July 2026?
Violations may incur fines of $5,000 per biometric record, plus potential civil damages of $10,000 per plaintiff in class actions, and the Attorney General may seek injunctive relief to halt unlawful processing.