Establishes "Privacy Protection Act"; concerns collection and sharing of certain personal information.
What changed between versions
New definition of 'judicial order' added: an order issued by a federal Article III judge or magistrate judge, or the State equivalent. This term replaces the prior use of 'subpoena' and 'valid court order' throughout the bill.
New definition of 'patient' added: a patient, resident, client, or any term used by a health care facility to refer to individuals receiving care, including persons being screened or assessed for care. This replaces 'person' in all health care facility provisions.
Section 4 now prohibits government entities from requesting or collecting sensitive information from 'an individual or a non-governmental entity,' expanding the restriction beyond just individuals to also cover data obtained from other organizations.
The savings clauses (sections 5(f), 6(e)) now explicitly reference 8 U.S.C. s.1373 and 8 U.S.C. s.1644, and add 'enforcement' alongside 'prohibition' and 'restriction' as actions that would be contrary to federal law. This clarifies that enforcement actions are also protected from the bill's restrictions.
Section 4 changes 'to administer, a requested public service' to 'to provide or administer, a public service' (removing 'requested'), and changes 'professional qualifications and licensure' to 'professional qualification or license, or as otherwise required by State law,' broadening the exceptions where collection is permitted.
Section 5(a) narrows the scope of protected records from any record 'concerning a person' to specifically those relating to immigration status, citizenship status, place of birth, social security number, or individual taxpayer identification number. This is a significant narrowing of what information receives OPRA protection.
New subsection 5(b)(1)(d) permits sharing automated license plate recognition information with law enforcement agencies of another jurisdiction for criminal investigations, provided the receiving agency certifies that: (i) the information will not be used for civil immigration enforcement, (ii) it will not be further shared or made searchable, and (iii) it is bound by the same restrictions as New Jersey law.
The third-party ALPR vendor provision (now subsection 5(b)(3)) removes the limitation to 'its own data storage purposes' and instead requires the vendor to meet the requirements of paragraph (1) and receive authorization from the government entity, broadening the conditions under which vendor use is permitted.
Section 6(c) changes the standardized consent form requirement from multiple forms 'translated into the most commonly encountered languages in the State' to a single standardized written consent form. The 'language of choice' requirement for consent is also removed from section 5(c).
Section 5(d) adds an exception: notice of disclosure is not required 'where the provision of notice would compromise a criminal investigation.'
New subsection 5(b)(2)(b) gives the Attorney General authority to prohibit sharing of ALPR information with a law enforcement agency that violates the bill's provisions or a sharing agreement, or to deny access to the government entity.
Throughout the bill, references to 'subpoena' as a standalone legal mechanism are removed, and 'valid court order' is replaced with 'valid judicial order.' The term 'State or federal law' is reordered to 'federal or State law' in several places.