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New Jersey

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

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

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.

Risk of 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.

Breach Defined

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

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.

Form of Covered Info

Electronic Only

Covered Information

  • An individual's first name or first initial and last name linked with any one or more of the following data elements:
    • Social Security number.
    • Driver's license number or state identification card number.
    • Account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account.
    • 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 personal information is personal information if the means to link the dissociated data were accessed in connection with access to the dissociated data.

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.

Consumer Notice Method

By written notice or electronic notice if consistent with E-SIGN. Substitute notice 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.

Consumer Notice Content

Content requirements are not specified.

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.

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. The notice must include any information pertaining to the breach.

Consumer Reporting Agency Notice

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

Exceptions for Other Laws

None

Third-Party Notice

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

Private Right of Action

The New Jersey general breach notification statute allows for a private right of action.

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 June 15, 2023

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