TRENTON – Governor Phil Murphy today signed legislation (S332/A1971) protecting consumer privacy by requiring the notification to consumers of collection and disclosure of personal data by certain entities, including internet websites and online providers. Under the legislation, these entities are required to notify customers of the collection and disclosure of personal information to other third parties and to provide customers with an ability to opt-out of that collection or disclosure.
“In a rapidly growing digital age, our society has become increasingly dependent on the internet to complete day-to-day tasks from shopping and working to deeply personal tasks such as managing finances and medical care,” said Governor Murphy. “However, far too often consumer privacy is exploited without consumers knowing that their data is being shared and sold. This important legislation will help consumers reclaim control over their own personal data, and allow them the choice to share information that is personal to them.”
S332/A1971 requires an operator that collects a consumer’s information through its site for the purpose of selling the consumer’s information to post a link clearly and conspicuously on its site, or in another prominently accessible location that allows them to opt-out of the collection of the personal data. The bill also entitles the consumer to know what data is held by the operator, so they have the ability to correct or delete incorrect information. The operator also must limit the collection of personal data to what is adequate, relevant, and reasonably necessary to their business and they must specify the express purposes for which personal data are processed.
“Today New Jersey is standing up for the privacy rights of its residents by empowering them with the ability to direct and know how their personal information is used,” said Attorney General Matthew J. Platkin. “This legislation provides some of the strongest data protections in the nation and helps ensure the security of New Jersey consumers and their interests.”
Primary sponsors of S332/A1971 include Senator Troy Singleton, former Governor and Senator Richard J. Codey, now-Senator and former Assemblyman Raj Mukherji, now-Senator and former Assemblyman Paul D. Moriarty, and former Assemblyman Daniel R. Benson.
“Unauthorized access to our personal information is an invasion of privacy and can result in identity theft,” said Senator Troy Singleton. “This law will ensure that consumers are given a say in the distribution of their personal information, especially by allowing them to opt-out of the sale of their data.”
“Most New Jerseyans would be alarmed by how the most intimate, invasive details about their families are routinely sold for profit without any disclosure or accountability, let alone consent,” said Senator and former Assemblyman Raj Mukherji. “In an era when cyber threats are increasingly prevalent, this legislation is both vital and timely. Our data privacy and security law grants consumers the right to access, correct, and delete their data that is being collected, used, and sold; enacts the strongest universal opt-out mechanism in the country as well as more stringent restrictions on sensitive data, including data collected on children; and puts consumers back in control of their own data.”
“Enforcing the requirement for consumers to be notified by certain entities about the collection and disclosure of their personal data marks a shift towards a digital community that is better-informed and better-protected,” said Senator and former Assemblyman Paul Moriarty. "In a time when personal data is a valuable commodity, safeguarding personal data is more important than ever.”
This legislation underscores the importance of giving consumers control over their personal data, particularly in an era where our digital presence is highly personalized,” said former Assemblyman Dan Benson. “Mandating certain entities to inform individuals about the management of their personal data represents a crucial step towards enhancing data privacy."
For a copy of the Governor’s Signing Statement, click here.