Nebraska committee hears LB525 amendment on farmers' data rights as stakeholders seek clarifications
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Summary
Senator Mike Jacobson's updated LB525 (AM2076) would recognize producers' rights over agricultural data, ban sale of raw ag data and require reasonable security; producers broadly supported the amendment but equipment manufacturers and industry groups urged changes around 'ownership' vs. 'control' and definitions for aggregated/derived data.
Senator Mike Jacobson reintroduced LB525 with AM2076, telling the Banking, Commerce and Insurance Committee the bill aims to give Nebraska farmers and ranchers clear rights over agricultural data created by their operations and to require reasonable security and a ban on sale of raw data. "A farmer's data is a byproduct of labor, not a commodity for a tech provider to flip for a profit," Jacobson said.
Cicely Beatty, the governor's ag policy advisor, and representatives from major commodity groups (Nebraska Corn Growers, Nebraska Soybean Association, Nebraska Wheat Growers) backed the amendment as a starting point to protect producers from unauthorized sale and misuse of data. Industry associations and cooperatives also supported protections but urged careful drafting to avoid unintended consequences for grain marketing and cooperative records.
Equipment manufacturers and platform providers — including a representative from John Deere — testified as neutral to caution that declaring data "ownership" is legally novel and could create uncertainty in mergers, contracts, probate and multi-state operations. Several witnesses recommended a control-based framework consistent with other privacy laws and existing Ag Data Transparent agreements. Senator Jacobson said he expects to offer an amendment converting ownership language to control and to tighten definitions for raw, aggregated, and derived data.
Stakeholders raised particular concern about derived or aggregated data: producers want to protect data that can be traced back to their operations, while manufacturers argued much processing happens inside machines and platforms before data leaves the device. Natural Resources Districts and water-quality stakeholders sought clear exemptions for statutory reporting and mandatory environmental data; Senator Jacobson indicated those FOIA and NRD-related issues would be addressed in drafting.
No committee votes were taken. Senator Jacobson said AM2076 represents a collaborative first step and vowed to file clarifying amendments, and several witnesses urged the committee to advance a workable framework that preserves producers' control without disrupting commerce.
Provenance: Sponsor remarks and stakeholder testimony on AM2076 and LB525 spanned the hearing; manufacturers' neutral testimony and the sponsor's closing remarks framed expected follow-up amendments.
