Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Prohibits certain disclosures of autism-related data by State agencies without consent.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning health information and State agencies and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No State agency, department, or political subdivision thereof shall disclose personally identifiable autism-related data to any entity outside the State unless:
(1) the individual or the individual's legal guardian provides informed, written consent for a specific use;
(2) required by court order or subpoena from a court of competent jurisdiction;
(3) required to provide educational, medical, employment, housing, or other essential services and supports to an autistic individual; or
(4) required to comply with State or federal law.
All disclosures shall be limited to the minimum amount of information necessary to comply with the applicable legal requirements and State and federal privacy laws, and should be anonymized where allowed and practicable.
b. As used in this section:
"Autism-related data" means personally identifiable information maintained by a State agency that reveals an individual has been identified as autistic.
"Informed consent" means voluntary, written authorization given by an individual, or the individual's legal guardian, after being clearly informed of the nature, scope, purpose, risks, and potential consequences of the data collection or disclosure.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits certain disclosures of autism-related data by State agencies without consent. Under the bill, State agencies, departments, or political subdivisions are prohibited from disclosing personally identifiable autism-related data to any entity outside the State unless: the individual or the individual's legal guardian provides informed, written consent for a specific use; required by court order or subpoena from a court of competent jurisdiction; required to provide educational, medical, employment, housing, or other essential services and supports to an autistic individual; or required to comply with State or federal law.
All disclosures shall be limited to the minimum amount of information necessary to comply with the applicable legal requirements and State and federal privacy laws, and should be anonymized where allowed and practicable.
The bill defines "autism-related data" to mean personally identifiable information maintained by a State agency that reveals an individual has been identified as autistic. The bill defines "informed consent" to mean voluntary, written authorization given by an individual, or the individual's legal guardian, after being clearly informed of the nature, scope, purpose, risks, and potential consequences of the data collection or disclosure.