Bill > S2782

Introduced Session

This bill would make it unlawful for a private citizen to record a communication unless all parties have previously consented. The "New Jersey Wiretapping and Electronic Surveillance Control Act," P.L.1968, c.409 (C.2A:156A-1 et seq.) (the Wiretap Act) governs the recording or other acquisition of the contents of any "wire, electronic or oral communication." This includes communication conducted in person, by telephone, fax, pager, e-mail, or over the Internet. Currently, a private citizen violates the Wiretap Act if he records or acquires the contents of a communication without the prior consent of one of the parties to the communication. (It is not a violation of the act for a private citizen to record or acquire the contents of a communication if he is a party to the communication or if one of the parties has previously consented.) Under the bill, recording or acquiring the contents of a communication would be lawful only if all parties to the communication have previously consented. The intent of the bill is to prevent persons from being recorded without their knowledge. In the view of the sponsor, it is particularly important to protect individuals' privacy in light of advancing technology. For example, false information about an individual can spread quickly if a wrongdoer fraudulently alters a legitimate recording and posts the altered version online.

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Richard Codey (D)*,  Bob Smith (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 08/03/2020)