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New Jersey: Bill on personal information passes Assembly and Senate

January 9, 2024
Summary

New Jersey's Senate Bill 332, which addresses the handling of personal data, was passed by the General Assembly and State Senate. It sets forth rules for controllers regarding consumer data requests, opt-out options for data sale or targeted advertising, and charges for repeated requests. The bill defines key terms, outlines the scope of applicability to businesses operating in New Jersey, and details consumer rights such as access, rectification, and deletion. It also imposes obligations on controllers for data security and consent for processing sensitive data, and mandates data protection assessments for high-risk processing. Enforcement is exclusively granted to the Office of the Attorney General, with the bill taking effect one year after enactment.

On January 8, 2024, the New Jersey General Assembly and New Jersey State Senate voted to pass Senate Bill 332, following its reporting out of the Assembly Judiciary Committee with amendments, on December 18, 2023. This follows the bill's introduction to the Senate in January 2022. In particular, the amendments to the bill highlight that: a controller may require a consumer to use an existing account to submit a verified request; a controller is not required to authenticate an opt-out request; a consumer's option to opt-out applies to sale of data or targeted advertising; and a controller can charge escalating amounts for second or subsequent identical consumer requests for information. Def

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