Privacy Law Library

Kelsey Smith Act

Nebraska Kelsey Smith Act

Location · Communications

This law requires wireless carriers, on request of a law enforcement agency, to provide a device's call location information (including historical cell-site data) as soon as practicable in an emergency involving risk of death or serious physical harm. It makes a narrow, emergency-only exception to location privacy and shields carriers from liability for such disclosures.

Where
Nebraska
Citation
Neb. Rev. Stat. 86-801 to 86-807
Status
In force
In force since
2010-07-15
Last amended
2025-09-03
Enforced by
No specific enforcement provision (law enforcement agencies request data; Nebraska State Patrol keeps the carrier contact register)
People can sue
No
Penalties
No penalty provision. Carriers have immunity from suit for providing call location information at law enforcement request (86-804).
Applies to
  • Wireless carriers authorized to do business in Nebraska or submitting to its jurisdiction (86-802(3), 86-803, 86-805)

Registration

  • Provide updated emergency contact information to the Nebraska State Patrol semiannually or within three working days of a change.Neb. Rev. Stat. 86-805(1)

Other duties

  • Provide call location information for a user's wireless device to a requesting law enforcement agency as soon as practicable in an emergency involving risk of death or serious physical harm.Neb. Rev. Stat. 86-803
  • Carriers may set protocols to voluntarily disclose call location information, and are immune from claims for disclosures made at law enforcement request.Neb. Rev. Stat. 86-804; 86-807

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Research reference, not legal advice.