In light of several large-scale breaches of late, the New Jersey General Assembly is taking steps to enhance the state’s data breach notification requirements. In late February, Assembly Bill 3245 (AB 3245), introduced by Assembly Members Ralph Caputo and Carol Murphy, was unanimously approved by both the Assembly and the Senate, and is now headed to Governor Phil Murphy for signing. In short, if signed, AB 3245, would require businesses to notify consumers of online account security breaches.

New Jersey’s data breach notification law requires businesses to notify consumers of a breach of their personal information. Currently the law defines personal information as 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.

AB 3245 would add to the above list of data elements:

  • user name, 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. 

This amendment would keep New Jersey in line with other states that have similarly enhanced their data breach notification laws to address online breaches, including Alabama, Arizona, California, Florida, Illinois, Nebraska, Nevada, South Dakota and Wyoming.

“Protecting the security of online accounts is important for consumers, as a breach of security of these accounts can lead to the compromise of personal information and expose consumers to identity theft,” said Caputo (D-Essex). “If an individual’s personal information has become unwillingly available to someone else, they have the right to know as quickly as possible.”

New Jersey is on the forefront of consumer privacy and security law with other related bills recently introduced including AB 4902, which creates new obligations for commercial entities whose online website or services are accessed by individuals, and AB 7974 that regulates the use of a customer’s GPS data.  Be on the look out for our full update on some of New Jersey’s other initiatives, coming later this week.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joe has had the honor of being a part of the AmLaw 100, nationwide law firm, Jackson Lewis, which has 60+ offices around the country, for nearly 25 years. After practicing in the northeast for most of his career, Joe is resident in…

Joe has had the honor of being a part of the AmLaw 100, nationwide law firm, Jackson Lewis, which has 60+ offices around the country, for nearly 25 years. After practicing in the northeast for most of his career, Joe is resident in the firm’s growing Tampa office.

In 2005, as an associate, Joe founded and currently co-leads the firm’s national privacy, cybersecurity, and AI practice groups, which touts 25+ attorneys navigating complex and emerging challenges, particularly around the collection, use, disclosure, and retention of personal information, the deployment of artificial intelligence, and overall governance, risk and compliance in these areas, including FTCA, HIPAA, NIST, CCPA, CPRA, BIPA, GIPA, NY SHIELD, CIPA, etc. Joe has handled hundreds of data breaches, stood up cybersecurity compliance programs, and established AI governance programs.

Photo of Jason C. Gavejian Jason C. Gavejian

Jason C. Gavejian is the office managing principal of the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and a member of the firm’s Board of Directors. He is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy…

Jason C. Gavejian is the office managing principal of the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and a member of the firm’s Board of Directors. He is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

As a Certified Information Privacy Professional (CIPP/US), Jason focuses on the matrix of laws governing privacy, security, and management of data. Jason is co-editor of, and a regular contributor to, the firm’s Privacy blog.

Jason’s work in the area of privacy and data security includes counseling international, national, and regional companies on the vast array of privacy and security mandates, preventive measures, policies, procedures, and best practices. This includes, but is not limited to, the privacy and security requirements under state, federal, and international law (e.g., HIPAA/HITECH, GDPR, California Consumer Privacy Act (CCPA), FTC Act, ECPA, SCA, GLBA etc.). Jason helps companies in all industries to assess information risk and security as part of the development and implementation of comprehensive data security safeguards including written information security programs (WISP). Additionally, Jason assists companies in analyzing issues related to: electronic communications, social media, electronic signatures (ESIGN/UETA), monitoring and recording (GPS, video, audio, etc.), biometrics, and bring your own device (BYOD) and company owned personally enabled device (COPE) programs, including policies and procedures to address same. He regularly advises clients on compliance issues under the Telephone Consumer Protection Act (TCPA) and has represented clients in suits, including class actions, brought in various jurisdictions throughout the country under the TCPA.