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New Jersey

See the Summary of U.S. State Data Breach Maps

NB: This page summarizes current New Jersey law. However, New Jersey amended its data breach notification statute effective April 1, 2020. This page will be updated at that time.

Quick Facts

Breach Based on Harm Threshold: YES
Deadline for Consumer Notice: Most expedient time possible and without unreasonable delay
Government Notification Required: YES

N.J. Stat. Ann. §§ 56:8-161 to -166

More Details

Scope of this Summary

Notification requirements applicable to entities that conduct business in the state and that compile or maintain covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.

Covered Info

First name or first initial and last name, plus: Social Security number; driver’s license or state identification card number; account, credit card or debit card number in combination with any required security or access code or password that would permit access to a resident’s financial account; or username, email address, or any other account holder identifying information, in combination with any password or security question and answer that would permit access to an online account.

OR dissociated data that if linked would constitute covered info is, itself, covered info if the means to link the dissociated data were accessed in connection with access to the dissociated data.

Form of Covered Info

Electronic Only.

Encryption Safe Harbor

Statute does not apply to information that is encrypted or secured by any other method or technology that renders it unreadable or unusable.

Breach Defined

Unauthorized access that compromises the security, confidentiality or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.

Consumer Notice

Timing: Must be made in the most expedient time possible and without unreasonable delay and consistent with any measures necessary to determine the scope of the breach and to restore the integrity of the system.

Method: By written notice or electronic notice if consistent with E-SIGN. If only a username and password were breached, notification can be in electronic or other form that directs the individual to promptly secure their account(s). A business that provides email accounts shall not send notification to email accounts that were breached, but must use other specified methods of notification. Substitute notice is available if certain criteria are satisfied.

Delayed Notice

Notification may be delayed if law enforcement determines that notification will impede a criminal or civil investigation and requests that notification be delayed.

Harm Threshold

Notification not required if entity established that misuse of the covered info is not reasonably possible. Any determination must be documented in writing and retained for five years.

Government Notice

In advance of any disclosure to the consumers, must report breach and any information pertaining to it to the Division of State Police in the Department of Law and Public Safety.

Consumer Reporting Agency Notice

If more than 1,000 persons are notified, must notify all nationwide CRAs without unreasonable delay of timing, distribution and content of the consumer notice.

Third-Party Notice

If you maintain covered info on behalf of another entity, you must notify them immediately following discovery of a breach.

Potential Penalties

Violations may result in civil penalties.

This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on July 26, 2019

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