New Jersey's Data Privacy Act (NJDPA) was signed by Governor Phil Murphy on January 16, 2024, and took effect January 15, 2025. New Jersey's law is distinctive for its escalating penalty structure — first-time violations are capped at $10,000 while subsequent violations by the same entity can reach $20,000 per violation. The NJDPA provides all standard consumer rights and is aligned with the majority state approach (similar to Virginia and Colorado) rather than the more business-friendly Utah model or more consumer-oriented California model. New Jersey also includes specific provisions addressing the rights of consumers in connection with automated decision-making.
Residents of New Jersey have the following legally enforceable privacy rights under NJDPA:
Confirm whether a business processes your personal data and obtain a copy in portable format.
Request correction of inaccurate personal data held about you by covered businesses.
Request deletion of personal data you've provided or that has been collected about you.
Receive your personal data in a machine-readable, portable format to transfer to other services.
Prevent businesses from selling your personal data to third parties for commercial purposes.
Stop businesses from using your data to show you personalized ads based on your online behavior.
Opt out of automated decision-making used in significant decisions about credit, employment, or housing.
Businesses cannot penalize you with higher prices or reduced service for exercising your rights.
The NJDPA applies to controllers that conduct business in New Jersey or produce products or services targeted to New Jersey residents AND that during a calendar year control or process personal data of at least 100,000 consumers, or control or process personal data of at least 25,000 consumers while deriving revenue or discounts from the sale of personal data. Standard exemptions apply for HIPAA-covered entities, financial institutions under GLBA, government entities, and nonprofits.
Under NJDPA, the following categories are classified as sensitive personal data and require explicit opt-in consent before processing:
Racial or ethnic origin · Religious or philosophical beliefs · Mental or physical health diagnoses · Sexual orientation or gender identity · Citizenship or immigration status · Genetic or biometric data uniquely identifying a person · Personal data of known minors · Precise geolocation data (within 1,750 feet)
Under NJDPA, businesses must respond to consumer rights requests within 45 days of receipt. This may be extended by an additional 45 days with prior written notice explaining the reason for the delay. Businesses must also establish an internal appeals process for denied requests, with a response due within 60 days.
The New Jersey Attorney General and Division of Consumer Affairs share enforcement authority. The AG must provide a 30-day written cure notice before initiating an action. First violations: civil penalties up to $10,000 per violation. Subsequent violations by the same entity: up to $20,000 per violation. This escalating structure creates strong incentives for businesses to comply after any initial enforcement action.
To exercise your rights under NJDPA, contact the business through their official privacy portal (typically linked at the bottom of their website under "Privacy" or "Your Privacy Rights"). Clearly state:
1. That you are a New Jersey resident invoking rights under NJDPA
2. Your full name and contact information linked to your account
3. The specific right you are invoking (access, deletion, opt-out of sale, etc.)
4. The legal deadline for response (45 days)
If the company denies your request, you have the right to appeal. If the company does not respond or appeal fails, you may file a complaint with the New Jersey Attorney General's office.
| Term | Definition Under NJDPA |
|---|---|
| Personal Data | Any information linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. |
| Controller | A natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal data. |
| Processor | A natural or legal person that processes personal data on behalf of a controller (e.g., a cloud hosting vendor). |
| Sale of Personal Data | The exchange of personal data for monetary or other valuable consideration by the controller to a third party. |
| Targeted Advertising | Displaying ads selected based on personal data obtained from a consumer's activities across non-affiliated websites or applications. |
| Profiling | Automated processing to evaluate, analyze, or predict aspects of a consumer's economic situation, health, personal preferences, behavior, location, or movements. |