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  • NJ A737
  • Requires destruction of records stored on digital copy machines under certain circumstances.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill requires that a business destroy, or arrange for the destruction of, all records stored on a digital copy machine, which is no longer to be retained by that business, by erasing or otherwise modifying those records to make them unreadable, undecipherable, or nonreconstructable through generally available means. The bill also provides that if a digital copy machine is leased, the lessor and the lessee have the obligation to destroy, or arrange for destruction of stored information. A lessor may charge a lessee a fee for the destruction of records, but the fee cannot exceed one week's value of the lease, up to $100, and may be charged if the lessee has not destroyed or arranged for the destruction of the records. Under the bill, manufacturers of digital copiers would be responsible for providing instructions explaining how to destroy, or arrange for the destruction of, the records. For digital copy machines which are leased, a lessor is required to provide instructions or directions on where to obtain the instructions, to a lessee who is contractually obligated to destroy the records. Recent news reports indicate that most digital copy machines use internal hard drives which store every document that has been scanned, printed, faxed, or emailed by the machine. Those electronic records will remain on a hard drive until the hard drive is erased. Under the bill, a business, lessor or manufacturer that willfully or knowingly violates the bill's provisions is liable to a penalty of not more than $2,500 for the first offense and not more than $5,000 for the second and each subsequent offense. The Attorney General is responsible for enforcement. A person damaged in business or property as a result of a violation may sue in Superior Court and may recover compensatory and punitive damages and the cost of the suit including a reasonable attorney's fee and costs of investigation and litigation. The bill also provides that the bill's provisions would take effect on the 60th day following enactment and applies to lease agreements of digital copy machines which are in effect or entered into on or after the effective date, and sales which are included on or after the effective date.
Not specified
Introduced, Referred to Assembly Consumer Affairs Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Consumer Affairs Committee
Date Motion Yea Nay Other
None specified