ASSEMBLY APPROPRIATIONS COMMITTEE
STATEMENT TO
ASSEMBLY, No. 6309
with committee amendments
STATE OF NEW JERSEY
DATED: JANUARY 8, 2026
The Assembly Appropriations Committee reports favorably and with committee amendments Assembly Bill No. 6309.
As amended, the 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 necessary to assess eligibility for, or to administer, a requested public service, benefit, or program. For a health care facility, the amended bill provides an exception when this information is necessary to ensure the safe and appropriate delivery of health care services.
The bill provides that any information collected for that purpose, whether written or oral, concerning a person that is solicited, made or kept to assess eligibility for, or to administer the services, benefits, or programs that is requested, used, or delivered is not considered a government record under the open public records act and is not to be disclosed except: (1) as required to administer benefits or services pursuant to State or federal law; (2) as required by a subpoena, valid court order, or warrant issued by a State or federal judge, or pursuant to federal law; (3) by an election agency when the disclosure of a candidate’s citizenship status is a requirement for elected office; or (4) upon obtaining written consent from the person to whom the information pertains. The amended bill makes an exception to this requirement for a health care facility when the information is necessary to ensure the safe and appropriate delivery of health care services and as required by applicable State and federal law, including the “Health Insurance Portability and Accountability Act of 1996.”
The bill requires the Commissioner of Health to consult with the Attorney General (AG) to develop and publish standardized written consent forms in the most commonly encountered languages of the State to provide health care facilities a method to comply with the written consent requirements of the bill.
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 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 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. The amended bill requires the Commissioner of Health to adopt rules and regulations pursuant to the “Administrative Procedure Act” necessary to effectuate the bill’s provisions as they relate to health care facilities.
In addition, the bill specifies 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.
The bill provides that a person who knowingly violates the bill’s provisions is subject to injunctive relief and is civilly liable for damages to the person to whom the information pertains, or to that person’s personal representative or guardian.
The amended bill is effective immediately, except for the provision regarding the Department of Health, which is effective one year after enactment.
COMMITTEE AMENDMENTS:
The committee amended the bill to:
1. make an exception to the prohibition on the collection of information for health care facilities when the information is necessary for safe and appropriate delivery of health care services, and as required by applicable law, including the “Health Insurance Portability and Accountability Act of 1996” or HIPAA;
2. remove the requirement for government entities to retain certain information collected for the time necessary to assess eligibility to provide certain benefits or services, and instead made that information an exception to the open public records act;
3. require the Commissioner of Health, in consultation with the AG, to develop and publish standardized written consent forms translated into the most commonly encountered languages in the State and make these forms vital documents;
4. clarify that use of a form developed by the commissioner or the use of interpreter-assisted processes consistent with applicable law fulfill the consent requirements of the bill and that this notice may be provided electronically;
5. remove the requirement that the Commissioner of Health review confidentially policies, guidelines and regulation to ensure compliance with the bill and instead permit the commissioner to adopt rules and regulation pursuant to the “Administrative Procedure Act”; and
6. change the effective date for the Commissioner of Health from immediately to one year after the bill is enacted; and
7. make technical changes.
FISCAL IMPACT:
This bill is not certified as requiring a fiscal note.