New Jersey lawmakers just passed a bill that would create the state’s first consumer data privacy legal framework, providing consumers with more control over their personal information and requiring businesses to make significant changes to their data practices.

Gov. Phil Murphy now has until Feb. 22 to approve or veto the bill.

1. Will the legislation apply to your business?

SB 332 applies to entities considered to be “data controllers.” These are companies that conduct business in New Jersey or produce products or services that are targeted to residents of New Jersey, and that either:

• Control or process the personal data of at least 100,000 consumers, excluding personal data processed solely for the purpose of completing a payment transaction; or
• Control or process the personal data of at least 25,000 consumers, and the business derives revenue, or receives a discount on the price of any goods or services, from the sale of personal data.

2. Does the legislation apply to employment or business-to-business entities?

As with most other states’ data privacy laws, Senate Bill 332 would not apply to employment or business-to-business data. The definition of “consumer” specifically excludes people acting in a commercial or employment context, which would also eliminate job applicants from coverage under the law.

3. How does the legislation define personal data?

Personal data is any information that is linked or reasonably linkable to an identifiable person. It does not...

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