Agricultural data privacy law sets a new U.S. benchmark
Nebraska has become the first U.S. state to grant farmers legal ownership of the agricultural data generated on their operations. The Agricultural Data Privacy Act, signed into law by Governor Jim Pillen, provides new protections for producers using modern farming technologies.
The legislation addresses data collected through precision agriculture tools such as drones, GPS-guided tractors, and other connected equipment. Previously, farmers could unknowingly agree to contracts that allowed technology companies to access, use, or own data produced on their farms.
The new law defines agricultural data as information connected to an identifiable farmer, farm, parcel of land, device, or equipment. Examples include soil health records, crop production data, weather information, and other operational data gathered through agricultural technologies.
A major focus of the legislation is regulating agricultural technology providers (ATPs), which collect and manage farm-generated data. Under the law, these companies must obtain written consent before selling a producer’s data and must follow stronger security measures to safeguard sensitive information.
Nebraska's action establishes a new standard for agricultural data rights in the United States. While other states, including Iowa and Missouri, are considering similar measures, Nebraska is the first to enact comprehensive protections that recognize farmers as the owners of data generated on their operations.
The National Agricultural Law Center, which analyzed the legislation, believes the law could influence future agricultural data privacy policies nationwide. As precision agriculture technologies continue to expand, data ownership and privacy are expected to become increasingly important issues for producers and policymakers.
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