A 4070 — Establishes "Privacy Protection Act"; concerns collection and sharing of certain personal information.

     (4) (4) a statement clarifying that consent may be revoked, but that revocation does not impact a record or information already shared under prior written consent provided pursuant to this section;

and      (5) (5) the person or agency to receive the record or information.

     d.    1[A] Except where the provision of notice would compromise a criminal investigation, a1a government entity that is required, pursuant to a 1[subpoena,]1 valid 1[court]judicial judicial1 order, judicial warrant, or 1asas required by1by federal law, to disclose any record or information 1[collected pursuant to the provisions of] described in1in section 4 of of P.L.   P.L.2026, ,c.4 c.   (C.52:4CC-4) (C.         ) (pending before the Legislature as this bill) or any automated license plate reader information shall provide notice of the disclosure to the person to whom the record or information pertains within 90 days of the disclosure.  The notice shall set forth the:

and      (3)   basis for disclosing the information.       e.     All government entities shall review any applicable confidentiality policies, guidelines, and regulations and identify those changes necessary to ensure compliance with the provisions of this section and section 4 of P.L.   P.L.2026, ,c.4 c.   (C.52:4CC-4) (C.        ) (pending before the Legislature as this bill) by any entity under its authority.  Any necessary changes to those policies, guidelines, or regulations shall be made as expeditiously as possible, consistent with the entity’s procedures, but no later than one calendar year following the effective date of P.L.   P.L.2026, ,c.4 c.   (C.52:4CC-1 (C.       et )al.), (pending before the Legislature as this bill), and shall be published prominently on the entity’s Internet website.

     f.     Nothing in this section shall be construed to prohibit or in any way restrict any action where the prohibitionprohibition, 1[or]restriction, ,1 restriction 1, or enforcement1enforcement would be contrary to federal law, 1[subpoena, valid court] including 8 U.S.C.

s.1373 and 8 U.S.C.

s.1644, a judicial1judicial order, or 1a1a judicial warrant.       g.    A government entity that knowingly obtains, discloses, or uses any information or record 1[collected pursuant to] described in1in section 4 of P.L.   P.L.2026, ,c.4 c.   (C.52:4CC-4) (C.        ) (pending before the Legislature as this bill) or any automated license plate recognition information for a purpose not permitted pursuant to this section or section 4 of P.L.   P.L.2026, ,c.4 c.   (C.52:4CC-4) (C.        ) (pending before the Legislature as this bill) shall be subject to injunctive relief and civilly liable for damages to the person to whom the information pertains, or the person’s personal representative or guardian, who may bring an action in the Superior Court.

      C.26:2H-5.37  6.   Limit (Newon section)  a.  A health care facilityfacilities shallrequesting, notcollecting request or collect information relating to a 1[person’s] patient’s1 immigration status, citizenship status, place of birth, social security number, or individual taxpayer identification number, except when this information is necessary to ensure the safe and appropriate delivery of health care services including, but not limited to, the assessment, treatment, transfer, referral, billing, or discharge of the person 1,1 as required by applicable State or federal law, or to assess eligibility for, or to 1provide or1 administer, a 1[requested]1 public service, benefit, or program.  Nothing in P.L.   , c.   (C.        ) (pending before the Legislature as this bill) shall prohibit a health care facility from maintaining a 1[person’s]patient. patient’s1 complete medical record subject to the “Health Insurance Portability and Accountability Act of 1996,” Pub.L.

104-191.       b. 6. Any record or information, whether written or oral, 1[concerning] relating to1 a 1[person] patient’s immigration status, citizenship status, place of birth, social security number, or individual taxpayer identification number1 that is solicited, made1,1 or kept 1[,]1 to assess eligibility for, or to administer a health care service, benefit, or program that is requested, used, or delivered shall not be considered a governmental record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act, and shall not be disclosed, except:

    a. (1)   as required 1pursuant to federal or State law1 to 1assess eligibility for, or to provide or1 administer 1,1 benefits, services, or programs 1[pursuant to State or federal law]1;       (2)   as required by 1[subpoena,]1 valid 1[court] judicial1 order, judicial warrant, or 1as required by1 federal law;

A health care facility shall not request or collect information relating to a patient’s immigration status, citizenship status, place of birth, social security number, or individual taxpayer identification number, except when this information is necessary to ensure the safe and appropriate delivery of health care services, including, but not limited to, the assessment, treatment, transfer, referral, billing, or discharge of the person, as required by applicable State or federal law, or to assess eligibility for, or to provide or administer, a public service, benefit, or program.  Nothing in P.L.2026, c.4 (C.52:4CC-1 et al.) shall prohibit a health care facility from maintaining a patient’s complete medical record subject to the “Health Insurance Portability and Accountability Act of 1996,” Pub.L.

104-191.       b.  Any record or information, whether written or oral, relating to a patient’s immigration status, citizenship status, place of birth, social security number, or individual taxpayer identification number that is solicited, made, or kept to assess eligibility for or to administer a health care service, benefit, or program that is requested, used, or delivered shall not be considered a governmental record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act, and shall not be disclosed, except:

     (1)   as required pursuant to federal or State law to assess eligibility for, or to provide or administer, benefits, services, or programs;       (2)   as required by valid judicial order, judicial warrant, or as required by federal law;

of this section.       c.     This section shall not prohibit the disclosure of any record or information 1[collected pursuant to the provisions of] described in1in subsection a.

of this section when the 1[person]patient patient1 to whom the record or information pertains has knowingly provided written consent for the disclosure.  The Department of Health, in consultation with the Attorney General, shall develop and make publicly available 1a1a standardized written consentconsent  1[formsform translatedthat intoshall theconstitute mosta commonlyvital encountereddocument languagespursuant into thesection State. 2 Theseof forms]P.L.2023, c.263 (C.52:14-41).  Use of a standardized form that1developed pursuant to this subsection shall constitute 1a1compliance vitalwith 1[documents]the document1written  pursuantconsent torequirements sectionof 2this section.  A health care facility that uses a standardized form or provides consent through an interpreter-assisted process consistent with applicable State and federal law shall be deemed in compliance with the consent requirements of P.L.2023,this c.263section.  (C.52:14-41).Written consent shall include:

 Use of a standardized form developed pursuant to this subsection shall constitute compliance with the written consent requirements of this section.  A health care facility that uses a standardized form or provides consent through an interpreter-assisted process consistent with applicable State and federal law shall be deemed in compliance with 1the consent requirements of1 this section.

 Written consent shall include:

     d.    The Commissioner of Health may adopt rules and regulations in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) as are necessary to effectuate the provisions of this section.       e.     Nothing in this section shall be construed to prohibit or in any way restrict any action where the prohibitionprohibition, 1[or]restriction, ,1 restriction 1, or enforcement1enforcement would be contrary to federal law, 1[subpoena, valid court] including 8 U.S.C.

s.1644, a judicial1judicial order, or 1a1a judicial warrantwarrant. 1[issued by a State or federal judge]1.

     f.    f. (1)  A health care facility that knowingly obtains, discloses, or uses any record or information 1[collected pursuant to the provisions of] described in1 subsection a.

of(1) thisA sectionhealth forcare afacility purposethat notknowingly permittedobtains, underdiscloses, this section shall be subject to penalties and enforcement by the Department of Health consistent with the department’s authority pursuant to Title 26 of the Revised Statutes and as a condition of licensure.  Any 1[person] patient1 to whom the information pertains, or theuses 1[person’s]any patient’s1record personal representative or guardian,information maydescribed file a complaint with the Department of Health in asubsection form,a. manner, and medium prescribed thereby alleging such violation.

    of (2) this Thesection for a purpose not permitted under this section shall be subject to penalties and enforcement by the Department of Health mayconsistent adoptwith anythe policies,department’s guidelines,authority or, pursuant to theTitle “Administrative26 Procedureof Act,”the P.L.1968,Revised c.410Statutes (C.52:14B-1and etas seq.),a rulescondition andof regulationslicensure.  necessaryAny patient to effectuatewhom the information pertains, or enforcethe patient’s personal representative or guardian, may file a complaint with the provisionsDepartment of thisHealth subsection.in a form, manner, and medium prescribed thereby alleging such violation.

     (2) The Department of Health may adopt any policies, guidelines, or, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate or enforce the provisions of this subsection.

  C.39:2-3.4  Disclosure of personal information connected with motor vehicle record.

Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) or any other law to the contrary, except as provided in this act, the New Jersey Motor Vehicle Commission and any officer, employeeemployee, or contractor thereof shall not knowingly disclose or otherwise make available to any person personal information about any individual obtained by the commission in connection with a motor vehicle record.

the driver's license number or the name, addressaddress, and birth date of the person whose driver record is requested;

any additional information determined by the chief administrator to be appropriateappropriate; and the requestor's certification as to the truth of the foregoing statements.

Priorand to the approvalrequestor's ofcertification theas written request form, the commission may also require the requestor to submit documentary evidence supporting the reasontruth forof the request.foregoing statements.

 Prior to the approval of the written request form, the commission may also require the requestor to submit documentary evidence supporting the reason for the request.

The The written application form shall bear notice that the making of false statements therein is punishable and shall include, but not be limited to, the applicant's name, addressaddress, and telephone number;

The The chief administrator may also require the applicant to submit a copy of its business credentials, such as a license to do business or a certificate of incorporation.

Prior Prior to approval by the chief administrator or the chief administrator's designee, the applicant shall certify in writing as to the truth of all statements contained in the completed application form.

motor vehicle product alterations, recallsrecalls, or advisories;

and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act, Pub.L.85-506, the Motor Vehicle Information and Cost Saving Act, Pub.L.92-513, the National Traffic and Motor Vehicle Safety Act of 1966, Pub.L.89-563, the Anti-Car Theft Act of 1992, Pub.L.102-519, and the Clean Air Act, Pub.L.88-206, andand, 1, except as otherwise provided by subsection g.

of this section,1section, may be disclosed 1only1only as follows:

performance monitoring of motor vehicles, motor vehicle partsparts, and dealers;

     (4)   For use in connection with any civil, criminal, administrativeadministrative, or arbitral proceeding in any federal, State, or local court or agency or before any self-regulatory body, including service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, State, or local court.

     (6)   For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, ratingrating, or underwriting.

     (10) (10) For use by any requestor,requestor if the requestor demonstrates it has obtained the notarized written consent of the individual to whom the information pertains.

     (11) For product and service mail communications from automotive-related manufacturers, dealersdealers, and businesses,businesses if the commission has implemented methods and procedures to ensure that:

and      (b)   product and service mail communications from automotive-related manufacturers, dealersdealers, and businesses will not be directed at individuals who exercise their option under subparagraph (a) of this paragraph.

     (12) (12) For use by an organ procurement organization designated pursuant to 42 U.S.C.

For For these purposes, an organ procurement organization shall have electronic access at all times, without exception, to real-time organ donor designation and identification information.

An An organ procurement organization may also have information for research activities, pursuant to paragraph (5) of subsection c.

     (13) (13) As provided in section 2 of P.L.2021, c.139 (C.39:2-3.9).

     (14) As provided in section 1 of P.L.2025, c.388 (C.18A:4-2.1).

A A person authorized to receive personal information under paragraph (11) of subsection c.

An An organization authorized to receive personal information under paragraph (12) of subsection c.

     e.     As provided by the federal "Drivers' Privacy Protection Act of 1994," Pub.L.103-322, a person authorized to receive personal information under this section who resells or rediscloses personal information covered by the provisions of P.L.1997, c.188 (C.39:2-3.3 et seq.) shall keepkeep, for a period of five yearsyears, records identifying each person or entity that receives information and the permitted purpose for which the information will be used and shall make such records available to the commission upon request.

Any Any person who receives, from any source, personal information from a motor vehicle record shall release or disclose that information only in accordance with P.L.1997, c.188 (C.39:2-3.3 et seq.).

     f.     The release of personal information under this section shall not include an individual's social security numbernumber, except in accordance with applicable State or federal law.

     g.    Notwithstanding any provision to the contrary, the commission, or any government entity as defined in section 3 of P.L.   P.L.2026, ,c.4 c.   (C.52:4CC-3), (C.        ) (pending before the Legislature as this bill), shall not use,use or disclose to any federal, State, or local law enforcement any motor vehicle record containing personal information, or any personal information, as this term is defined in section 1 of P.L.1997, c.188 (C.39:2-3.3), for any purposes related to Title 8 of the United States Code without the informed consent of the applicant, a 1judicial1judicial warrantwarrant, 1[signed by a State or federal judge, lawful court] , or valid judicial1judicial orderorder, 1[, or subpoena]1, except that nothing in this section shall be construed to prohibit, or in any way restrict, any action where such prohibition or restriction would be contrary to federal law.

     When responding to a 1judicial1judicial warrant 1[, court] or valid judicial1judicial orderorder, 1[, or subpoena]1, the commission may disclose only those records or information specifically requested in the 1judicial1judicial warrantwarrant  1[, court] or valid judicial1judicial orderorder. 1[, or subpoena]1.

(P.L.2021, c.139, s.3)       C.52:4CC-6  8.   Severability. (New section)  If any section or provision of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, the section or provision shall, to the extent that it is not unconstitutional, invalid or inoperative, be enforced and effectuated, and no such determination shall be deemed to invalidate or make ineffectual the remaining sections or provisions.

       9.   8.    ThisIf actany shallsection takeor effectprovision immediately,of exceptP.L.2026, thatc.4 section(C.52:4CC-1 6et al.) shall takebe effectdeclared onto thebe firstunconstitutional, dayinvalid, or inoperative, in whole or in part, by a court of competent jurisdiction, the thirteenthsection monthor nextprovision followingshall, enactment.to the extent that it is not unconstitutional, invalid, or inoperative, be enforced and effectuated, and no such determination shall be deemed to invalidate or make ineffectual the remaining sections or provisions.

                                        9.     This     act Establishesshall “Privacytake Protectioneffect Act”;immediately, except that section 6 shall take effect on the first day of the 13th month next following enactment.

concerns  collection     andApproved sharingMarch of25, certain2026. personal information.