On March 6, 2024, New Hampshire’s Governor signed Senate Bill 255, which establishes a consumer data privacy law for the state. The Granite State joins the myriad of state consumer data privacy laws. It is the second state in 2024 to pass a privacy law, following New Jersey. The law shall take effect
Jason C. Gavejian
Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason 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 Workplace Privacy, Data Management & Security Report 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.
Jason represents companies with respect to inquiries from the HHS/OCR, state attorneys general, and other agencies alleging wrongful disclosure of personal/protected information. He negotiates vendor agreements and other data privacy and security agreements, including business associate agreements. His work in the area of privacy and data security includes counseling and coaching clients through the process of investigating and responding to breaches of the personally identifiable information (PII) or protected health information (PHI) they maintain about consumers, customers, employees, patients, and others, while also assisting clients in implementing policies, practices, and procedures to prevent future data incidents.
Jason represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination, and wage and hour claims in both federal and state courts. He regularly appears before administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Office for Civil Rights (OCR), the New Jersey Division of Civil Rights, and the New Jersey Department of Labor. Jason's practice also focuses on advising/counseling employers regarding daily workplace issues.
Jason’s litigation experience, coupled with his privacy practice, provides him with a unique view of many workplace issues and the impact privacy, data security, and social media may play in actual or threatened lawsuits.
Jason regularly provides training to both executives and employees and regularly speaks on current privacy, data security, monitoring, recording, BYOD/COPE, biometrics (BIPA), social media, TCPA, and information management issues. His views on these topics have been discussed in multiple publications, including the Washington Post, Chicago Tribune, San Francisco Chronicle (SFGATE), National Law Review, Bloomberg BNA, Inc.com, @Law Magazine, Risk and Insurance Magazine, LXBN TV, Business Insurance Magazine, and HR.BLR.com.
Jason is the co-leader of Jackson Lewis’ Hispanic Attorney resource group, a group committed to increasing the firm’s visibility among Hispanic-American and other minority attorneys, as well as mentoring the firm's attorneys to assist in their training and development. He also previously served on the National Leadership Committee of the Hispanic National Bar Association (HNBA) and regularly volunteers his time for pro bono matters.
Prior to joining Jackson Lewis, Jason served as a judicial law clerk for the Honorable Richard J. Donohue on the Superior Court of New Jersey, Bergen County.
California Invasion of Privacy Act Violations Aimed at Online Retailers
California Invasion of Privacy Act (CIPA) has become a focal point in recent legal battles, particularly within the retail industry. As retailers increasingly adopt technologies like session replay and chatbots to enhance customer experiences, they inadvertently tread into murky legal waters. These technologies, while valuable for optimizing websites and addressing customer inquiries, have faced a barrage of lawsuits and threats.
President’s Executive Order Seeks to Protect Certain “Bulk Sensitive Personal Data” from “Countries of Concern”
On February 28, 2024, President Biden issued an Executive Order (EO) seeking to protect the sensitive personal data of Americans from potential exploitation by particular countries. The EO acknowledges that access to Americans’ “bulk sensitive personal data” and United States Government-related data by countries of concern can, among other things:
…fuel the creation and refinement…
Nebraska Passes Genetic Information Privacy Act
On February 13, 2024, Nebraska’s Governor signed Legislative Bill 308, which enacts additional consumer protections for consumers in the state. It is similar to another genetic information law passed by Montana last year.
The law takes effect July 17, 2024 (90 days after the legislature adjourns on April 18, 2024).
Covered Businesses
The…
California Court of Appeal Reverses Halt on Enforcement of CPPA Regulations
In 2023, a California superior court halted enforcement of any final California Privacy Protection Agency regulation implemented until a period of 12 months from the date that individual regulations became final. Based on the ruling, enforcement of the initial regulations passed in March 2023 could not commence until March 2024.
The California Privacy Protection Agency…
Top 10 for 2024 – Happy Data Privacy Day!
To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024.
- AI regulations to protect data privacy.
Automated decision-making tools, smart cameras, wearables, and similar applications, powered by technology commonly referred to as “artificial intelligence” or “AI” will continue to expand in 2024 as will the regulations…
New Jersey Legislature Enacts the First Consumer Privacy Law of 2024
On January 16, 2024, New Jersey’s Governor signed Senate Bill (SB) 332, which establishes a consumer data privacy law for the state. New Jersey becomes the 13th state to pass a comprehensive data consumer privacy law. The law would take effect one year after its enactment, on January 16, 2025.
To whom…
Top 10 Blog Posts for the Workplace Privacy, Data Management & Security Report for 2023
As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our Top 10 most popular topics from 2023.
- States Passing Comprehensive Privacy Laws
There was a landslide of comprehensive state privacy laws passed in 2023, from coast to coast. The laws are…
Delaware’s Governor Signed the Delaware Personal Data Privacy Act
On September 11, 2023, Delaware’s Governor signed House Bill 154 which enacts the state’s comprehensive consumer data privacy statute. Delaware joins California, Colorado, Connecticut, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia in enacting a comprehensive consumer privacy law.
The law will take…
Immigration and Citizenship Status Add to Definition of Sensitive Information under California’s Consumer Privacy Act
On October 8, 2023, Governor Newsom signed Assembly Bill (AB) 947. Effective January 1, 2024, the bill will revise the California Consumer Privacy Act (CCPA) definition of “sensitive personal information” to include personal information that reveals a consumer’s citizenship or immigration status.
Under the CCPA, consumers have certain rights with regard to their…