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.
Breach Based on Harm Threshold: YES
Deadline for Consumer Notice: Most expedient time possible and without unreasonable delay
Government Notification Required: YES
Scope of this Summary
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.
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
Encryption Safe Harbor
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.