S 3522 — Establishes "Privacy Protection Act"; concerns collection and sharing of certain personal information.

S3522 1R2R [First[Second Reprint] SENATE, No.

Senators Stack, Greenstein, Cruz-Perez, McKnight, CryanCryan, Diegnan and DiegnanTurner         SYNOPSIS      Establishes “Privacy Protection Act”;

  CURRENT VERSION OF TEXT      As reportedamended by the Senate Judiciary Committee on February 19,24, 2026,2026. with amendments.

       4.    (New section)  1a.1 A government entity shall not request or collect information from an individual 1or a non-governmental entity1 relating to a person’s immigration status, citizenship status, place of birth, social security number, or individual taxpayer identification number, except when this information is necessary to assess eligibility for, or to 1provide or1 administer, a 1[requested]1 public service, benefit, program, or professional qualifications2[qualifications and licensurelicensure] qualification or license2 1, or as otherwise required by State law1.       1b.   Nothing in this section shall be construed to prohibit or in any way restrict any action where the prohibition, restriction, or enforcement would be contrary to federal law, including 8 U.S.C.

s.1644, a judicial order, or a judicial warrant.1        5.    (New section)  a.  Any record or information, whether written or oral, 1[concerning a person] relating to a person’s immigration status, citizenship status, place of birth, social security number, or individual taxpayer identification number1 that is solicited, made, or kept to assess eligibility for, or to 2provide or2 administer a 2public2 service, benefit, program, or professional 1[qualifications and licensure] qualification or license1 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)   to another government entity 1or2[1or law enforcement agency1agency1]2 when permitted by law 1,2[1, provided that the record or information shall not be used for federal civil immigration enforcement purposes1purposes1]2  ;;

or2[or]2      (c)   pursuant to the provisions of subsection c.

of this section.       (2)   For purposes of this subsection, a government entity’s use of a third-party automated license plate recognition system vendor or service 1[for its own data storage purposes]1 shall not be considered the sale, sharing, or transfer of automated license plate recognition information, provided that the vendor or service not sell, share, transfer, or make searchable to other entities or persons 1automated license plate recognition1 information 1[without the] unless the vendor or service meets the requirements of paragraph (1) of this subsection and receives1 authorization 1[of] from1 the government entity.       c.     This section shall not prohibit the disclosure of any record or information when the person to whom the record or information pertains has knowingly provided written consent for the disclosure 1[in the person’s language of choice] .  A government entity may develop and make publicly available a standardized written consent form that shall constitute a vital document pursuant to section 2 of; P.L.2023, c.263 (C.52:14-41)1.  Written consent shall include:

or      (d)   to a law enforcement agency of another jurisdiction for the purpose of a criminal investigation, provided that the receiving law enforcement agency certifies, electronically or in writing, to the government entity sharing the information that:

     (i)  the information shall not be used for any purpose related to civil immigration enforcement;

     (ii)  the information shall not be shared, sold, transferred, or made searchable by the receiving law enforcement agency;

and      (iii)    the receiving agency is bound by the same restrictions, use limitations, and data security requirements applicable to the government entity under New Jersey law and in accordance with any regulations and protocols established by the New Jersey State Police and directives or guidance issued by the Attorney General of New Jersey2 .

     (2)   2(a) Any agreement executed pursuant to subparagraph (d) of paragraph (1) of subsection b.

of this section shall 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.       (b)   If it is found that a law enforcement agency of another jurisdiction has used or shared automated license plate recognition information in violation of P.L.    , c.    (C.         ) (pending before the Legislature as this bill) or any agreement executed pursuant to subparagraph (d) of paragraph (1) of subsection b.

of this section, the Attorney General may, by order, prohibit the sharing of automated license plate recognition information with that law enforcement agency or deny access to the government entity.

     (3)2  For purposes of this subsection, a government entity’s use of a third-party automated license plate recognition system vendor or service 1[for its own data storage purposes]1 shall not be considered the sale, sharing, or transfer of automated license plate recognition information, provided that the vendor or service not sell, share, transfer, or make searchable to other entities or persons 1automated license plate recognition1 information 1[without the] unless the vendor or service meets the requirements of paragraph (1) of this subsection and receives1 authorization 1[of] from1 the government entity.       c.     This section shall not prohibit the disclosure of any record or information when the person to whom the record or information pertains has knowingly provided written consent for the disclosure 1[in the person’s language of choice] .  A government entity may develop and make publicly available a standardized written consent form that shall constitute a vital document pursuant to section 2 of P.L.2023, c.263 (C.52:14-41)1.  Written consent shall include: