Can I collect device information from participants in New Jersey? What are the requirements?

Based on the provided context documents, it appears that you may collect device information from participants in New Jersey under certain circumstances.

Requirements for Collecting Device Information

According to NJST 39:5H-23, transportation network company drivers are required to maintain electronic information while using the transportation network company’s digital network that will allow any law enforcement officer, or other city, State, or federal official, to confirm the following information for any transportation network company driver:

• the driver’s identity and a color photo;
• the make and model of the driver’s personal vehicle;
• the license plate number of the driver’s personal vehicle; and
• an electronic record of a prearranged ride underway, if any.

Each transportation network company driver shall be able to produce this information, upon the lawful request of any law enforcement officer or other city, State, or federal official.

Additional Requirements

NJAC 13:69A-7.5 requires that each applicant, licensee, registrant, and person required to be qualified shall, in writing, waive liability as to the State of New Jersey and its instrumentalities and agents for any damages resulting from any disclosure or publication of any material or information acquired during the license consideration process or during any inquiries, investigations, or hearings.

NJST 39:10B-8 outlines the persons permitted to retrieve data relative to recording devices. Except as provided in subsection c. of this section, no person, except the owner of the motor vehicle that contains the recording device, or the owner’s representative, may retrieve, obtain, or use data recorded, stored, or transmitted from the recording device, unless:

• The owner of the motor vehicle, or the owner’s representative, consents to the duration and scope of data retrieval, retention, and use, prior to or at the time the data is retrieved, obtained, or used;
• The recorded data is retrieved or obtained by a law enforcement officer pursuant to a search warrant issued by a judge of the Superior Court or upon order by a court of competent jurisdiction or, except for recorded data concerning vehicle location, a grand jury subpoena;
• The recorded data is used for the purpose of improving motor vehicle safety, security, performance, operation, compliance with traffic laws, or traffic management, including for medical research on physical reaction to motor vehicle accidents, provided that the identity of the owner, operator, or other occupant of the motor vehicle is not disclosed with respect to the data. For the purposes of this paragraph, the disclosure of a vehicle identification number with the last six numbers deleted shall not constitute disclosure of the identity of the owner, operator, or other occupant;
• The recorded data is retrieved or obtained by a licensed new motor vehicle dealer, a motor vehicle repair or servicing facility and a technician or mechanic at such a facility, or the manufacturer of the motor vehicle, and used for the sole purpose of diagnosing, servicing, or repairing the motor vehicle;
• The recorded data is accessed by an emergency response provider and used for the sole purpose of determining the need for or facilitating an emergency medical response in the event of a motor vehicle crash, and assisting the emergency response provider in performing its duties; or
• The recorded data is retrieved or obtained pursuant to a legally proper discovery request or order in a civil action.

Any person who retrieves or obtains recorded data, except a law enforcement officer who retrieves or obtains the recorded data pursuant to paragraph (2) of subsection a. of this section, shall not further disclose such data, except that a person may further disclose recorded data pursuant to paragraph (3), (4), or (5) of subsection a. of this section if the identity of the owner, operator, or other occupant of the motor vehicle is not disclosed, or the owner of the motor vehicle, or the owner’s representative, consents to the additional disclosure prior to it being further disclosed.

NJAC 16:1A-4.6 outlines the requirements for obtaining traffic camera video records. All requests for traffic camera video records shall be submitted electronically using the Department’s Video Log Request Form, which may be obtained at All requests for traffic camera video records must be made to and received by the Department within seven calendar days of the date of the requested traffic camera video record. The copying fee for the first three hours or less of the requested traffic camera video record is $100.00 per camera. The copying fee for each additional three hours of the requested video record is $50.00 per camera. Fees shall be paid by check or money order made payable to the “New Jersey Department of Transportation.” Within 30 days of notification by the Department that the video record is available, the requestor must submit the copying fee. After 30 days, the video record will not be retained.

NJAC 16:1A-4.5 outlines the requirements for obtaining traffic control signal records. All requests for current traffic control signal records, other than date-specific signal records, shall be submitted in writing and mailed to: Bureau of Traffic Engineering New Jersey Department of Transportation PO Box 600 Trenton, NJ 08625-0600. All requests for date-specific traffic control signal records shall be submitted in writing and mailed to: Bureau of Roadway Maintenance Engineering and Operations New Jersey Department of Transportation PO Box 607 Trenton, NJ 08625-0607. Requests shall be accompanied by the following fees: 1. Current timing - $10.00; 2. Current plan - $15.00; and 3. Certification of date-specific traffic control signal records - $100.00.

Conclusion

Based on the provided context documents, it appears that you may collect device information from transportation network company drivers in New Jersey, but only the information required by NJST 39:5H-23. It is important to note that this information must be maintained by the driver and made available to law enforcement upon request. Additionally, you must obtain a waiver of liability as to the State of New Jersey and its instrumentalities and agents for any damages resulting from any disclosure or publication of any material or information acquired during the license consideration process or during any inquiries, investigations, or hearings.

If you are not collecting device information from transportation network company drivers or if you require additional information, please provide more details so that I can assist you better.

Jurisdiction

New Jersey

• Privacy