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Can I sell personal information without obtaining consent in New Jersey? What are the requirements?

In New Jersey, it is generally illegal to sell personal information without obtaining consent from the individual. The New Jersey Consumer Fraud Act (CFA) prohibits the use of any unconscionable commercial practice, deception, fraud, false pretense, false promise, or misrepresentation in connection with the sale or advertisement of any merchandise or real estate. This includes the sale of personal information [4].

Additionally, the New Jersey Identity Theft Prevention Act (ITPA) requires businesses to implement and maintain reasonable procedures to protect personal information from unauthorized access, destruction, use, modification, or disclosure. The ITPA also requires businesses to notify individuals in the event of a breach of personal information [4].

Therefore, if you want to sell personal information in New Jersey, you must obtain the individual’s consent and implement reasonable procedures to protect the information from unauthorized access or disclosure.

The New Jersey Online Privacy Protection Act (NJOPPA) requires operators of commercial websites or online services that collect personally identifiable information from New Jersey residents to conspicuously post a privacy policy on their website or online service. The privacy policy must include certain information, such as the categories of personally identifiable information collected, the categories of third parties with whom the information may be shared, and the process for notifying users of material changes to the privacy policy [1].

If the website or online service is directed to children under 13 years of age, the operator must comply with the Children’s Online Privacy Protection Act (COPPA) and obtain verifiable parental consent before collecting personal information from children [1].

In summary, you cannot sell personal information without obtaining consent in New Jersey. To obtain consent, you must comply with the NJOPPA and implement reasonable procedures to protect the information from unauthorized access or disclosure. If the information pertains to children under 13 years of age, you must also comply with COPPA and obtain verifiable parental consent.

Source(s):
Jurisdiction

New Jersey