New Jersey 2023

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Keypoint: New Jersey is the thirteenth state to pass consumer data privacy legislation with a bill that is generally based on the Washington Privacy Act model but with some notable differences.

On January 8, 2024, the New Jersey legislature passed Senate Bill 332. Subject to the procedural formalities in the legislature, the bill will move to New Jersey Governor Phil Murphy for consideration.

Assuming the bill becomes law, New Jersey will become the thirteenth state to pass a consumer data privacy law. The bill was passed on the last day of New Jersey’s two-year legislative cycle.

As reflected in the bill’s redline, the bill underwent significant revisions since it was first introduced in January 2022. The bill initially passed the New Jersey Senate in February 2023. At that time, we observed the bill was “narrow, perhaps most similar to the Nevada Online Privacy Protection Act.” At one point, the bill was amended to require consumers to opt into the sale of their personal data rather than opt out, but that requirement was removed. Ultimately, the bill was amended to be based on the Washington Privacy Act (WPA) model, but it does not always track the structure of typical WPA variants and contains some notable differences as we discuss below.

As with prior bills, we have added the New Jersey bill to our chart providing a detailed comparison of the laws enacted to date.

The below article provides a summary of the bill and some of its more notable provisions and differences from other bills. It is not intended to provide a full analysis of the bill.

Finally, when reviewing the current version of the bill available on the New Jersey legislature’s website, it is important to note that the first seven-and-a-half pages of the bill were removed through a December 18, 2023, committee amendment. The text of the passed bill begins on page eight. Also, a final clean version of the bill has not been published and it is possible, given the manner in which the bill was passed, that the final bill could contain some differences to the currently available version. For additional insight into the bill’s provisions, see Keir Lamont’s analysis here.

Keypoint: Last week the Nevada legislature passed a health data privacy bill, the Delaware House passed a consumer data privacy bill, the Oregon House passed a data broker bill, and the New York Senate passed consumer and health data privacy bills although the New York legislature closed without further movement on the bills.

Below is the twenty-second weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Keypoint: Last week the Connecticut legislature passed Senator Maroney’s consumer health data / children’s privacy bill.

Below is the twenty-first weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Keypoint: Last week the Texas legislature passed consumer data privacy, children’s social media, and data broker bills while the Nevada Assembly passed an amended version of its health data privacy bill.

Below is the twentieth weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Keypoint: Last week the Louisiana Senate passed a children’s social media bill, the Texas legislature appointed a conference committee for its comprehensive privacy bill, and various bills continued to advance in committees.

Below is the nineteenth weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Keypoint: Last week the Texas Senate passed a comprehensive data privacy bill, the Tennessee Governor signed HB 1181 into law, and the Connecticut Senate passed a health/children’s privacy bill.

Below is the eighteenth weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Keypoint: Last week the Florida legislature passed a consumer data privacy bill while the Texas legislature continued to advance both consumer data privacy and data broker bills.

Below is the seventeenth weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Keypoint: Last week the Washington Governor signed the My Health My Data Act, the Nevada Senate passed a health / biometric privacy bill, the Florida Senate passed a consumer privacy bill, and the Texas House and Florida House passed children’s social media privacy bills.

Below is the sixteenth weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Keypoint: Last week the legislatures in Montana and Tennessee passed consumer data privacy bills and the Washington legislature passed the My Health My Data Act.

Below is the fifteenth weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.

Keypoint: Last week the Indiana legislature passed a consumer data privacy bill.

Below is the fourteenth weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders.

First, we are regularly updating our 2023 State Privacy Law Tracker, 2023 State Children’s Privacy Law Tracker, and 2023 State Biometric Privacy Law Tracker. We encourage you to bookmark the pages for easy reference.

Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated. If you are interested in tracking developments between blog posts, consider following on LinkedIn and/or Twitter.