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Bill > S1238


NJ S1238

NJ S1238
Requires Internet service providers to keep confidential subscriber's personally identifiable information unless subscriber authorizes Internet service provider in writing to disclose information.


summary

Introduced
02/03/2020
In Committee
02/03/2020
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill requires an Internet service provider (ISP) to keep confidential a subscriber's personally identifiable information unless the subscriber, expressly and in writing, authorizes the ISP to disclose this information. An ISP is required to provide written notice of this bill's requirements to each subscriber. An ISP is not to refuse to provide Internet service to a subscriber for not authorizing the ISP to disclose the subscriber's personally identifiable information. The provisions of this bill do not apply to disclosures incidental to the ISP's ordinary course of business or to investigations undertaken pursuant to the "New Jersey Wiretapping and Electronic Surveillance Control Act." This bill provides that a violation of this bill is to be an unlawful practice in accordance with the State's Consumer Fraud 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: name, address, precise geolocation, social security number, or telephone number; requests for specific materials or services from an Internet service provider; online service use history; Internet websites visited during use of a subscriber's account; or the contents of a subscriber's communications or data-storage devices. 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.

AI Summary

This bill requires Internet service providers (ISPs) to keep a subscriber's personally identifiable information confidential, unless the subscriber expressly and in writing authorizes the ISP to disclose the information. ISPs must provide written notice of these requirements to each subscriber, and cannot refuse to provide service to a subscriber for not authorizing the disclosure of their information. The bill does not apply to disclosures incidental to the ISP's ordinary course of business or investigations under the New Jersey Wiretapping and Electronic Surveillance Control Act. Violations of the bill are considered unlawful practices under the state's Consumer Fraud Act, and the Director of the Division of Consumer Affairs must promulgate rules to effectuate the bill's purposes.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

Senate Economic Growth Hearing (19:00 11/16/2020 Due to the public health emergency, the State House Annex remain) (on 11/16/2020)

bill text


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