87-1403.

Terms, defined.

For purposes of the Agricultural Data Privacy Act:

(1) Affiliate means a person or entity that directly or indirectly controls, is controlled by, or is under common control with a controller or processor;

(2) Aggregated data means agricultural data that has been combined with other data from various sources and summarized so that the resulting data cannot reasonably be linked to an identified or identifiable agricultural producer, farm, parcel, device, or equipment;

(3) Agricultural data:

(a) Means any of the following that is collected, produced, or generated in this state and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer: Agronomic data, climate and weather data, land data, livestock data, management data, and sustainability data; and

(b) Does not include any of the following:

(i) Aggregated data;

(ii) Derived data; and

(iii) Any data that is described under subdivision (3)(a) of this section that would otherwise qualify as agricultural data, if such data is made available to the general public by an agency as defined in section 84-901;

(4) Agricultural producer means the person that is the owner, lessee, or renter of the farm, livestock, land, device, or equipment from which agricultural data originates;

(5) Agronomic data means information relating to soil management or crop production, including data relating to any crop, field, planting activity, seed type, yield, disease and pest management, fertilizer type or application, or prescription;

(6) Climate and weather data means information regarding the conditions of the atmosphere at a place and time and how such conditions generally prevail in such place over a long period of time that is collected, produced, or generated by the equipment of an agricultural producer or by devices located on the land of an agricultural producer. Climate and weather data:

(a) Includes the following information: Precipitation type and amount, wind speed and direction, and temperature; and

(b) Does not include information that is made available to the general public by a governmental entity or public source;

(7) Controller means a person who or entity that, alone or jointly with others, determines the purpose and means of processing agricultural data;

(8) Derived data means data that has been significantly modified, processed, analyzed, or compiled. Derived data includes agronomic insights, reports, and predictive models;

(9) Land data means information regarding the physical attributes of a parcel of land, including the types and fertility of soils, the topography, elevation, watershed, and drainage of such parcel, and geospatial information regarding such parcel;

(10) Livestock data means information regarding the production of animals by an agricultural producer, including animal identification practices, pedigree information, genetic information, and feed consumption information;

(11) Management data means information regarding the management of an agricultural producer's agricultural operations. Farm management data includes:

(a) The finances, taxes, and employment of the agricultural producer;

(b) The price received or paid for any commodity;

(c) Data regarding the compliance of the agricultural producer with any law;

(d) Data regarding the supply chain for a commodity that is produced or used by the agricultural producer; and

(e) Information regarding the tillage and conservation practices of the agricultural producer;

(12) Processor means a person who or entity that processes agricultural data on behalf of a controller;

(13)(a) Sale of agricultural data means the exchange of agricultural data for monetary or other valuable consideration by a controller or processor to a third party; and

(b) Sale of agricultural data does not include any:

(i) Disclosure or transfer of agricultural data to a processor by a controller;

(ii) Use of agricultural data by a processor, if such use is authorized by a controller;

(iii) Disclosure, transfer, or use of agricultural data for the purpose of a controller or processor providing a service to an agricultural producer;

(iv) Disclosure, transfer, or use of agricultural data to an affiliate of the controller or processor;

(v) Disclosure that is expressly directed, initiated, or authorized in writing by an agricultural producer to a designated third party, including any input provider, advisor, lender, insurer, cooperative, or digital platform chosen by the producer;

(vi) Disclosure that is required by a state or federal law, regulation, subpoena, investigative demand, or court order;

(vii) Disclosure that is required for compliance with a state or federal safety, emissions, or environmental obligation;

(viii) Disclosure of information that an agricultural producer:

(A) Intentionally made available to the general public through a mass media channel; and

(B) Did not restrict to a specific audience;

(ix) Disclosure or transfer of agricultural data by a controller to a third party as an asset in which the third party assumes control of all or a part of the controller's assets and that is part of a proposed or actual:

(A) Merger;

(B) Acquisition;

(C) Bankruptcy; or

(D) Transaction; or

(x) Disclosure, transfer, or use that is reasonably necessary to detect, prevent, or respond to any fraud, abuse, cybersecurity threat, illegal conduct, data integrity issue, or equipment misuse;

(14) Service means any service that is provided by a controller or processor to an agricultural producer and that may be used to maintain, diagnose, repair, support, secure, improve, or provide any equipment, software, device, technology, product, or service to the agricultural producer, including any telematic service, remote diagnostic, predictive maintenance, warranty administration, safety notification, recall activity, cybersecurity service, product improvement, quality improvement, system performance enhancement, internal algorithm training, over-the-air update, or purchase of a commodity from the agricultural producer; and

(15) Sustainability data means information regarding greenhouse-gas emissions, carbon sequestration, and water-quality impact, and any other environmental or conservation practice used to verify sustainability claims.