On May 10, Governor Phil Murphy signed into law P.L.2019, c.95. an amendment enhancing New Jersey’s data breach notification law by expanding the definition of personal information, and updating notification requirements. As we previously reported, the amendment was unanimously approved by the New Jersey General Assembly and Senate in late February.

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

The new law adds 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.

In addition, notification requirements are different for these added data elements. Under the amendment, businesses or public entities experiencing a breach involving a user name or password, in combination with any password or security question and answer that would permit access to an online account, and no other personal information, may notify affected consumers via electronic or other form that directs the customer whose personal information has been breached to promptly change any password and security question or answer, as applicable, or to take other appropriate steps to protect the online account with the businesses or public entities and all other online accounts for which the customer uses the same user name. Further, for breaches involving an email account, a business or public entity shall not provide notice of the breach via the compromised email account. Instead, notice shall be provided by one of the other methods described in the law, OR by clear and conspicuous notice delivered to the customer online when the customer is connected to the online account from an IP address or online location from which the business or public entity knows the customer customarily accesses the account.

New Jersey has now become at least the 10th state to update its data breach notification law to specifically address online breaches. The new law will take effect September 1, 2019.

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Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the…

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

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.