Project Lifetime: [2023-5-12] - [Ongoing]
There is no explicit protection of the right to privacy in the New Jersey Constitution, however, New Jersey courts have interpreted Article 1(1) of the Constitution to guarantee an individual’s right to privacy. In addition, there are various privacy-related provisions in the New Jersey Revised Statutes and the New Jersey Administrative Code which create obligations for data collected by companies in different sectors, including the health, financial, employment, and education sectors. Under the New Jersey breach notification requirements, businesses need to disclose, without unreasonable delay, breaches of computerised records to affected customers as well as to the Division of State Police in the New Jersey Department of Law and Public Safety.
Privacy rights are of utmost importance as they play a crucial role in safeguarding individuals. Not only do they protect individual autonomy and personal freedom, but they also serve as a shield against unauthorized access to personal information and shield individuals from discrimination based on factors such as race, religion, sexual orientation, or health status. Moreover, privacy directly impacts a person’s psychological well-being, providing them with a sense of security and control over their personal information. It grants individuals the necessary space for self-reflection and personal growth, allowing them to navigate their own path without feeling constrained by societal expectations.
I chose privacy rights as my focus because I firmly believe that more people should be aware of their significance. Although some regulations exist to control the distribution of personal information through official channels, the proliferation of social media and other communication platforms poses a constant threat to personal privacy. In a matter of days or even hours, an individual’s carefully constructed privacy can be shattered. Granting individuals greater control over their personal information would empower them to freely express themselves without the fear of conformity imposed by their surroundings.
New Jersey, like many other U.S. states, lacks direct legislation regarding digital privacy rights. Data from a survey conducted on 4,272 U.S. adults from Pew Research Center’s American Trends Panel reveals that currently, 62% of surveyed adults believe that it is not possible to go through daily life without companies collecting data about them, and that 81% believe that they have very little to no control over the data that companies collect. Approximately eight in ten Americans state that they are asked to agree to a privacy policy at least monthly, including one-quarter who say this happens almost every day.
Currently, New Jersey courts have interpreted Article 1(1) of the Constitution to guarantee an individual’s right to privacy. In addition, there are a few privacy-related provisions in the New Jersey which create some obligations for data collected by companies in different sectors, such as the health, financial, employment, and education sectors. However, there is no explicit protection of the right to privacy in the New Jersey Constitution. Additionally, the New Jersey Statue 2C:14-9 entitled “Invasion of Privacy” does not address data privacy and security.
There are currently only five states - California, Colorado, Connecticut, Utah and Virginia - which have enacted comprehensive consumer data privacy laws. Their laws have several provisions in common, such as the right to access and delete personal information, and to be able to opt-out of the sale of personal information, among others. With the rapidly changing security environment of the digital world, it is now more important than ever to secure digital privacy for citizens.
This is why it’s important for people of all ages to be aware of the situation at hand - and it is why I am writing this.
As a citizen of New Jersey, you can stay informed by checking on local legislation.
Notably, this bill, if passed in the future, “requires online services to notify consumers of collection and disclosure of personally identifiable information and allows consumers to opt in.”
Spread the word - data privacy is a matter that every citizen should know about, and the more people that know about it, the more we can accomplish together.
Sources Cited:
https://www.dataguidance.com/jurisdiction/new-jersey
https://www.ncsl.org/technology-and-communication/state-laws-related-to-digital-privacy
https://legiscan.com/NJ/bill/S332/2022