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Bill > A1399


NJ A1399

NJ A1399
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
01/11/2022
In Committee
01/11/2022
Crossed Over
Passed
Dead
01/08/2024

Introduced Session

2022-2023 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, such as their name, address, and online activity, confidential unless the subscriber expressly and in writing authorizes the ISP to disclose that information. ISPs must provide written notice of this requirement to each subscriber and cannot refuse to provide service to a subscriber for not authorizing the disclosure of their information. The bill provides exceptions for disclosures incidental to the ISP's ordinary business practices or for investigations under the New Jersey Wiretapping and Electronic Surveillance Control Act. Violations of the bill's provisions are considered unlawful practices under the state's Consumer Fraud Act, and the Director of the Division of Consumer Affairs is required to promulgate necessary rules and regulations.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

Introduced, Referred to Assembly Consumer Affairs Committee (on 01/11/2022)

bill text


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