Step one is an investigation
The act asks a business to look into an incident before anyone is told. If the investigation determines that the use of information about a Nebraska resident for an unauthorized purpose has occurred or is reasonably likely to occur, the business shall give notice to the affected Nebraska resident.
So the question the act puts is about misuse, not only about access. Where the investigation finds misuse neither happened nor is reasonably likely, the notice duty in § 87-803 does not attach.