ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 6309

STATE OF NEW JERSEY

DATED:  JANUARY 5, 2026

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 6309.

      This bill establishes the “Privacy Protection Act,” concerning the collection and sharing of certain personal information by State and local government entities and health care facilities.

      Under the bill, government entities and health care facilities are prohibited from requesting or collecting information relating to a person’s immigration status, place of birth, social security number, and individual taxpayer identification number unless it is strictly necessary to assess eligibility for, or to administer, a requested public service, benefit, or program. 

      The bill provides that any information collected for that purpose, whether written or oral, is not considered a government record under the open public records act and is not to be disclosed except: (1) by an election agency when the disclosure of a candidate’s citizenship status is a requirement for elected office; (2) as required to administer benefits or services pursuant to State or federal law; (3) as required by a subpoena, valid court order, or warrant issued by a State or federal judge, or pursuant to federal law; or (4) upon obtaining written consent from the person to whom the information pertains. 

In addition, the bill prohibits a government entity from selling, sharing, or transferring automated license plate recognition information concerning the operation of a person’s motor vehicle, except: (1) to another government entity when permitted by law; (2) pursuant to a subpoena, valid court order, or judicial warrant; or (3) upon obtaining written consent from the person to whom the information pertains.  Under the bill, the provision of data hosting services does not constitute the sale, sharing, or transfer of automated license plate recognition information. 

      The bill requires that written consent for the disclosure of information be in the person’s language of choice and that it include:

(1) the exact record or information to be shared;

      (2) the purpose for sharing the record or information;

      (3) a statement clarifying that consent is voluntary and declining to consent shall not result in discrimination or retaliation by the government entity or health care facility;

      (4) a statement clarifying that consent may be revoked, but that revocation does not impact any record or information already shared under prior written consent granted pursuant to the provisions of the bill; and

      (5) the person or agency to receive the record or information. 

      In addition, the bill requires a government entity or health care facility that discloses any record or information pursuant to a subpoena, valid court order, judicial warrant, or federal law to provide notice to the person to whom the record or information pertains regarding the disclosure.  The notice is required to set forth: (1) specific record or information subject to disclosure; (2) the party to which the record or information was disclosed; and (3)       the basis for disclosing the information. 

      Under the bill, government entities and the Commissioner of Health for health care facilities are required to review their confidentiality policies, guidelines, and recommendations and identify any changes necessary to ensure compliance with the provisions of the bill and make any changes as expeditiously as possible, but no later than one calendar year following the bill’s effective date.  The bill also requires these entities to prominently post these policies on their websites.

      In addition, the bill amends subsection g. of N.J.S.A.39:2-3.4 to provide that, in addition to any officer, employee, or contractor of the New Jersey Motor Vehicle Commission (MVC), as provided under current law, a government entity, as defined by the bill, is also prohibited from disclosing any motor vehicle records containing personal information for any purposes related to Title 8 of the United States Code without the informed consent of the applicant, a warrant signed by a State or federal judge, lawful court order, or subpoena, except when it would be contrary to federal law.  Under the bill, when responding to a warrant, court order, or subpoena requiring the disclosure of motor vehicle information, a government entity may disclose only those records or information specifically requested in the warrant, court order, or subpoena.

      Finally, the bill provides that a person who knowingly violates the bill’s provisions is subject to injunctive relief and civilly liable for damages to the person to whom the information pertains, or to that person’s personal representative or guardian.