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New Jersey Data Breach Statute

 

N.J. Stat. Ann. §§ 56:8-161, -163, -165

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Most expedient time possible and
without unreasonable delay

YES

 

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; or 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.

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 materially 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 unreasonably 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. Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines and advises that notification will impede a criminal or civil investigation and request 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 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.

 

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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 March 26, 2018