New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A1779

Introduced
1/9/24  

Caption

Requires disclosure of breach of security of geolocation data.

Impact

The implication of A1779 is significant for state laws surrounding data security and consumer protection. By integrating geolocation data into the criteria for breach disclosure, the legislation modernizes existing statutes that currently focus primarily on traditional forms of personal information, such as social security numbers and financial account details. This expansion acknowledges the valid concerns regarding the misuse of geolocation data, which can reveal personal habits and locations, and can often be more intrusive than other forms of personal information. Consequently, businesses must now implement robust security measures to protect geolocation data or face the risks of penalties and reputational harm from required disclosures after a breach.

Summary

Assembly Bill A1779 aims to enhance consumer protection by requiring businesses and public entities to disclose breaches involving geolocation data. This bill amends the existing law, which mandates the disclosure of breaches pertaining to personal information, by adding geolocation data to the definition of personal information. Under this new provision, any unauthorized access to geolocation information will necessitate a formal disclosure to affected consumers, thereby elevating the standard for handling sensitive data. The bill seeks to ensure that consumers are informed whenever their location information may be compromised, reflecting a growing recognition of the importance of privacy in the digital age.

Contention

As with many legislative actions around data privacy, there are areas of contention associated with A1779. Critics may express concerns about the potential implications for businesses, particularly in terms of compliance costs and the complexity of adjusting existing security frameworks. They might argue that the added burden could stifle innovation and economic growth, especially for smaller businesses with limited resources. On the other hand, advocates of the bill assert that the protection of consumer rights should take precedence over business convenience, justifying the need for more stringent regulations on data security, particularly as technology continues to advance and the potential for misuse of sensitive data grows.

Companion Bills

NJ A166

Carry Over Requires disclosure of breach of security of geolocation data.

Previously Filed As

NJ A166

Requires disclosure of breach of security of geolocation data.

NJ A1268

Revises requirements for disclosure of a breach of security of certain computerized records containing personal information.

NJ A548

Revises requirements for disclosure of a breach of security of certain computerized records containing personal information.

NJ S3028

Revises requirements for disclosure of a breach of security of certain computerized records containing personal information.

NJ S1352

Revises requirements for disclosure of a breach of security of certain computerized records containing personal information.

NJ S1860

Creates affirmative defense for certain breaches of security.

NJ S2464

Creates affirmative defense for certain breaches of security.

NJ A4050

Provides protections for social media users; creates private cause of action for social media users whose accounts have been hacked and not restored by social media websites under certain circumstances.

NJ A4667

Establishes the "New Jersey Health Care and Privacy Protection Act"; bars disclosure of certain geolocation data.

NJ SB626

Security Breach Notification Act; requiring notice of security breach of certain information; modifying provisions. Effective date.

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