New Jersey State Senate Introduces Online Transparency

The New Jersey legislature has evidenced a consistent effort to implement consumer privacy legislation as demonstrated with the introduction of Senate Bill S332, which was introduced to the Senate Commerce Committee on January 11, 2022 by Senator Troy Singleton (D) and Senator Richard Codey (D).   

The bill is a “carry over” of bills S1257, introduced on February 3, 2020, and A5448, introduced and referred to the Assembly on Science, Innovation and Technology Committee on March 8, 2021. Additionally, it is listed as the “same as” A1971, which was introduced and referred to the Assembly on Science, Innovation and Technology Committee on January 11, 2022. Senate Bill S332 would govern the ability of businesses maintaining commercial internet websites and online servicers of said websites to obtain and utilize consumer’s personal information.

The bill requires that a commercial website operator or servicer who collects a consumer’s personally identifiable information through its internet or online presence:

• provide notice on such online platform of:

  • personally identifiable information able to be collected;

  • third parties who may receive disclosure of the consumer’s personally identifiable information;

  • the scope of a third party’s ability to collect the consumer’s personally identifiable information and the consumer process for submitting a request to do so;

  • the process of notifying consumers of “material changes” to the required notifications under this subsection.

• make the following information available to a consumer free of charge within 60 days of receipt of a verified consumer request:

  • personally identifiable information able to be collected;

  • third parties who may receive disclosure of the consumer’s personally identifiable information;

• provide consumers with a clear and conspicuous link to allow consumers to opt-out of the sale of their personally identifiable information to third parties.