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  • NJ A4800
  • Requires Internet service providers to keep confidential and prohibit any disclosure, sale, or unauthorized access to subscriber's personally identifiable information unless subscriber authorizes Internet service provider in writing to disclose information.
Introduced
(5/18/2017)
In Committee
(5/18/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill requires an Internet service provider (ISP) to keep confidential and prohibit any disclosure, sale, or unauthorized access of a subscriber's personally identifiable information unless the subscriber, expressly and in writing, authorizes the Internet service provider to disclose this information, which the subscriber may revoke, in writing, at any time. An Internet service provider is to provide written notice of these requirements to each subscriber when the subscriber applies with the Internet service provider for service and when the subscriber renews a contract for service. The written notice is to be in a 12-point, boldface font on a form separate from the contract for service, as determined by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, and electronic notice is to be made available to the public on the Internet service provider's Internet website. Under the bill, an Internet service provider is not to refuse to provide Internet service or add a supplemental charge or penalize a subscriber either financially or in quality or speed of delivery of service for choosing not to authorize the disclosure of personally identifiable information. The requirements of this bill are not to apply to: disclosures incidental to the ordinary course of business of the Internet service provider; compliance with a court order; protecting the rights and property of the Internet service provider, or to protect subscribers, users of the subscriber's account, and other Internet service providers from fraudulent, abusive, or unlawful use of Internet service; providing location information to a public safety answering point, emergency medical service providers, police or other emergency responders in order to respond to a call for emergency services; informing a legal guardian or immediate family member of the location of a user of the subscriber's account who is under the age of 18 in an emergency situation that involves the risk of death or serious physical harm; and investigations undertaken pursuant to the "New Jersey Wiretapping and Electronic Surveillance Control Act." In this bill, "personally identifiable information" means any information that personally identifies, describes, or is able to be associated with a subscriber or users of a subscriber's account, including, but not limited to certain information listed in the bill. This bill also provides that "subscriber" means a residential or business subscriber located in this State that subscribes with an Internet service provider to receive access to the Internet on equipment located in the State.
Law and Public Safety
Introduced, Referred to Assembly Law and Public Safety Committee  (on 5/18/2017)
 
 
Date Chamber Action Description
5/18/2017 A Introduced, Referred to Assembly Law and Public Safety Committee
Date Motion Yea Nay Other
None specified