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Bill > S1754


NJ S1754

NJ S1754
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
02/05/2018
In Committee
02/05/2018
Crossed Over
Passed
Dead
01/08/2020

Introduced Session

2018-2019 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 name, address, or browsing history, confidential unless the subscriber expressly authorizes the ISP in writing to disclose the information. ISPs must provide written notice of this requirement to each subscriber and cannot refuse service to a subscriber for not authorizing the disclosure. The bill's provisions do not apply to disclosures made in the ordinary course of the ISP's business or to investigations under the New Jersey Wiretapping and Electronic Surveillance Control Act. A violation of the bill's requirements is considered an unlawful practice under the state's Consumer Fraud Act, and the Director of the Division of Consumer Affairs is tasked with promulgating rules and regulations to effectuate the bill's purposes.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Economic Growth Committee (on 02/05/2018)

bill text


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