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I would like to help, but need a bit more information, if you do not mind,
1. In what context are you citing Nevada Revised Statutes 603A.030 regarding Data Collection ?
2. Are you asking whether or not websites should not be allowed to ask for personal information ?
Please clarify so that I can give you an accurate Answer,
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Thank you for your additional information. Reading Nevada Revised Statutes Section 603A.020, Section 603A.215, and the definition of personal information contained in Section 603A.040, together, the meaning appears to be a very technical one. The Statute prohibits anybody within the definition of "data collector" from transferring or sending anybody's personal information by means of any electronic, nonvoice equipment, except by fax (facsimile). The Statutes, however, do not prohibit any "data collector" from requesting this information. In other words, a website, being a "data collector" by the Statute's definition, can request an individual to send them personal information using the internet, but they will be prohibited from sending or transferring this personal information, without first encrypting it, to anybody else electronically, or by nonvoice transmittal, except by using a fax machine.
If a website requests personal information from an individual, they are not in violation of the Statute; it is only if they send or transfer this personal information by electronic means, other than by fax, without first encrypting it, to any other individual, company, website, or any other entity, that they would be in violation.
I have not read the legislative history of these sections, so I cannot say if the Nevada State Legislature, when enacting this particular piece of legislation, intended this fine distinction between "requesting" and "sending" personal information, but as enacted, there is a definite distinction between the two,
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Thank you for agreeing with my interpretation.
I am not being joking when I ask you, "Do you know how many laws are passed to which you cannot interpret using common sense ?
I understand completely what you are saying; common sense tells you that since the email provider/ISP will not use that information, that by necessity, it serves only as a conduit for transferring that information to the entity who will use this information, "therefore, the law also applies to data collectors who request personal information so that they will have to comply with the Statute".
You would think that this is the way it should be interpreted because it is the only way that all personal information will be encrypted. However, we cannot interpret the law that way because that is not what it says and it is not how it is written. This is meant by the phrase, "to the letter of the law". When we were I elementary school, we learned in our history class that Congress enacts the laws, our Courts interpret the law, and the President carries out the law.
Therefore, a test case would have to be brought and have the Courts of Nevada and ultimately, the Supreme Court of Nevada and possibly, the United States Supreme Court, interpret this particular section of the Nevada Revised Statutes. Then the Nevada Legislature will amend those sections so that they actually protect personal information by encryption which was the original intent of the Nevada Legislature, but fell slightly short of their intended result,
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