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Businesses in New Jersey are required to respond to a data breach quickly. The first step is to notify the Division of the State Police in the Department of Law and Public Safety. Next, the affected consumers must be alerted through email or written notice.
If the breach affects more than 1,000 people, the business owner must notify all consumer-reporting agencies. The Consumer Fraud Act enforces data breach notification statutes in New Jersey. A business that willfully, knowingly, or
recklessly violates the Consumer Fraud Act may have to pay the injured party three times the damages (plus attorney fees and court costs).
Name of Law / Statute
Identity Theft Prevention Act
Definition of Protected Information
Combination of (1) name or other identifying info, PLUS (2) one or more of these "data" elements: SSN; driver's license number; or account number, credit card number, debit card number if accompanied by PIN, password, or
access codes, BUT sometimes data without a name attached is considered PI
Who Is Subject to Law?
Any business doing business in the state
Notification of Consumers?
Yes, unless determination of no harm by business
By what means?
Written or electronic; if >1000 residents, must notify consumer reporting agencies
Substitute Notice Threshold?
If cost of notice >$250,000 or involves >500k residents
Notification of authorities / regulators required?
Yes (must notify State Police before consumers)
Yes (under Consumer Protection Act)
Credit monitoring requirement?
Private lawsuits allowed?
Private damages cap?
Treble damages + costs and attorney fees
Regulatory actions allowed?
HIPAA Compliance exemption?
Other (e.g., timeframe)
Law does not apply if PI was encrypted or otherwise secured
Link to complete law
Read the full text of New Jersey’s data breach law to learn more.