Nebraska has approved what advocates describe as the first law of its kind in the nation, spelling out that farmers own the data generated by their equipment.
Ag data privacy advocate Willie Cade said the legislation represents a significant step for producers, while acknowledging more work remains.
“This is a huge deal in Nebraska,” Cade said. “There’s still more work to do to further define what it means to own our data. But we have commitment from the senator and the governor to take the next step in next year’s session.”
Senator Mike Jacobson of North Platte introduced the measure on behalf of Gov. Jim Pillen.
At its core, the law establishes that farmers own the data produced by the machines they purchase and operate. Cade said that clarity is foundational as agriculture becomes increasingly data-driven.
“Basically, the law says you bought the machine or the machines that generate this data. You are the owner of it, and you get to decide how that data is used,” he said. “You don’t have to give your data away for free anymore.”
Cade compares agricultural data to another cash crop.
“I like to think of agricultural data — there is a lot of this being produced — as a second harvest for every producer out there,” he said. “You may not know exactly how to use it, but as you become more and more familiar with what the data is, you’ll start to understand and can reap the benefits of knowing what that value is.”
He said the ability to control and analyze data could help farmers better understand the value of their equipment and operations.
“I recently picked up some data on a Deere 9460. It’s a 10-year-old machine, and I was able to get all of the work orders, the 31 of them, for that particular machine,” Cade said. “I now have a much better understanding of what that machine is and isn’t, and what its real value is. So that’s a utilization of the data that I think is critical.”
Custer County corn grower Guy Mills, who farms near Ansley, said the ag data law addresses a growing concern among producers.
“I’m extremely grateful for the efforts that Senator Jacobson has done in bringing forth this bill of data ownership,” Mills said. “It is very needed in agriculture, and I’m extremely appreciative of his efforts.”
Looking ahead, Willie Cade said lawmakers will need to clarify how aggregated data — information combined from multiple producers — is handled and who benefits from it, while Cade continues to push for so-called right to repair legislation.
“That’s part of the work that we need to do in the next session, is really to clarify what that means and who can participate in that value,” he said. “Maybe a single producer’s data is not that valuable, but a thousand, 2,000 people can put it together, it gets real valuable really quickly.”
Cade said as producers become more familiar with their data, they may find new opportunities to generate value from it, including potential compensation for its use.
