Skip to content

Discerning Data

  • About Us
  • Additional Resources
  • Contact Us

DISCERNING DATA

A Faegre Drinker Blog Covering the Latest in Privacy, Cybersecurity and Data Strategy

  • Privacy
  • Cybersecurity
  • Data Strategy
  • Disruptionware

New Jersey Enacts Personal Information and Privacy Protection Act

Share

The New Jersey “Personal Information and Privacy Protection Act” was signed into law on July 21, 2017 by Governor Chris Christie and will be effective November 1, 2017.

The law restricts the way retail establishments may collect and use the personal information contained in the electronic data embedded in identification cards, such as driver’s licenses. The law responds to concerns raised by reports related to how businesses use and store personal information obtained from scanned driver’s licenses.

The law lists the purposes for which a retail establishment may scan a person’s identification card as follows:

  • To verify the authenticity of the card or to verify the age or identity of the person if he or she pays for goods or services with a method other than cash, returns an item or requests a refund or an exchange;
  • To verify the person’s age when providing age-restricted goods or services;
  • To prevent fraud or other criminal activity in the case of merchandise return or exchange via fraud prevention service company or system;
  • To establish or maintain a contractual relationship;
  • To record, retain or transmit information as required by state or federal law;
  • To transmit information to a consumer reporting agency, financial institution or debt collector to be used as permitted by federal law; or
  • To record, retain or transmit information by a covered entity governed by medical privacy and security rules established pursuant to federal law.

The information that businesses may collect is limited to the person’s name, address, date of birth, the state of issuance and the identification card number. In addition, the law requires that any information collected must be securely stored and in the event of a breach, the affected person and the state police must be notified.
A violation of the law will result in a civil penalty of $2,500 for the first offense and $5,000 for any subsequent violation. The law also provides for a private right of action in Superior Court to recover damages.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.

Receive Email Alerts to New Articles

SUBSCRIBE

August 11, 2017
Written by: Discerning Data Editorial Board
Category: Privacy, Retail
Tags: State Law

Post navigation

Previous Previous post: New Nevada Law Mandates Posting of Privacy Practices
Next Next post: FTC Updates COPPA Guidance to Approve New Parental Consent Methods; Clarify Obligations for Sites not Primarily Targeting Children

Search the Blog

Sign Up for Email Alerts

PODCASTS

Faegre Drinker on Law and Technology

©2023 Faegre Drinker Biddle & Reath LLP. All Rights Reserved. Lawyer Advertising.

  • About Us
  • Additional Resources
  • Contact Us
We use cookies to improve your experience with our website. By browsing our site, you are agreeing to the use of cookies. For more information about how we use cookies, please review our privacy policy and cookie policy. OK
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT