Can I share personal information about my customers with third parties in New Jersey? What are the requirements?

Sharing Personal Information of Customers with Third Parties in New Jersey

According to NJAC 12:15-2.1, no disclosure of information obtained at any time from, and identifiable to, specific workers, employers, or other persons in the course of administering the New Jersey Unemployment Compensation and Temporary Disability Benefits Laws shall be made directly or indirectly, except as authorized by the Commissioner or his or her representative in accordance with this subchapter. Therefore, sharing personal information about customers with third parties in New Jersey is subject to certain requirements.

Requirements for Sharing Personal Information with Third Parties in New Jersey

According to NJAC 12:15-2.2, disclosure of any information in the course of administering the New Jersey Unemployment Compensation and Temporary Disability Benefits Laws may be authorized in certain cases for specific purposes. These purposes include:

1. To individual applicants and employers to the extent necessary for the efficient performance of recruitment, placement, employment counseling, and other employment service functions.
2. To any properly identified claimant for benefits or payments under an unemployment compensation or trade readjustment allowance law of the Federal government, or of a state or territorial government, or of a foreign government with which reciprocal arrangements have been made, or to his or her duly authorized representative, information which directly concerns the claimant and is reasonably necessary for the proper presentation of his or her claim.
3. To claimants, employers, and the public, disclosure of the names, geographic location and standard industrial classification (SIC) or North American Industry Classification (NAIC) of employers except where the disclosure of physical location may jeopardize the health and/or safety of an employer, its workforce or its clients.
4. To officers or employees of any agency of the Federal government or any state, territorial or local government (or officers or employees of a foreign government agency with which reciprocal arrangements have been made and which is lawfully charged with the administration of an unemployment compensation or trade readjustment allowance law) if such disclosures will not impede the operation of, and are not inconsistent with, the purposes of the New Jersey Unemployment Compensation and Temporary Disability Benefits Laws.
5. To officers or administrators of public or private organizations such as colleges, universities, or foundations to perform research or engage in public service activities, which can be expected to benefit the residents of New Jersey by improving or promoting their health, safety, economic or social well-being, provided that the benefit of such research or public service activity to New Jersey residents is certified in writing by the administrator of the New Jersey municipal, county or State executive agency, or his or her designated representative, and provided that such disclosure shall not impede the operation of, and is not inconsistent with, the purposes of the New Jersey Unemployment Compensation and Temporary Disability Benefits Laws, and provided that the officer or administrator of the agency engaged in research or other public service activities certifies in writing that the confidentiality of the disclosed information shall be maintained and provided that the agency agrees to share the results of any research based on the disclosed information with the Department of Labor and Workforce Development upon request.

It is important to note that individuals may be assessed reasonable administrative costs for the copying of records and any other costs for obtaining the information requested in accordance with the New Jersey Right-to-Know Law, N.J.S.A. 47:1A-2.

Confidentiality of Submitted Information

According to NJAC 14:1-12.1, any person or entity required to submit or who does submit to the Board of Public Utilities any information pursuant to Titles 48 and 52 of the New Jersey Statutes or Title 14 of the New Jersey Administrative Code, which in the person’s or entity’s opinion constitutes trade secrets, energy trade secrets or other energy information submitted pursuant to 52:27F-18, proprietary commercial or financial information, or information which if disclosed, would be likely to cause damage to either a competitive or bidding position or national security, may assert a confidentiality claim by following the procedures set forth in this subchapter.

Conclusion

Sharing personal information about customers with third parties in New Jersey is subject to certain requirements. These requirements include obtaining written certification that the confidentiality of the disclosed information shall be maintained and ensuring that the disclosure shall not impede the operation of, and is not inconsistent with, the purposes of the New Jersey Unemployment Compensation and Temporary Disability Benefits Laws. Additionally, individuals may be assessed reasonable administrative costs for the copying of records and any other costs for obtaining the information requested in accordance with the New Jersey Right-to-Know Law, N.J.S.A. 47:1A-2. If the information being shared constitutes trade secrets, energy trade secrets or other energy information submitted pursuant to 52:27F-18, proprietary commercial or financial information, or information which if disclosed, would be likely to cause damage to either a competitive or bidding position or national security, a confidentiality claim may be asserted by following the procedures set forth in NJAC 14:1-12.1.

Jurisdiction

New Jersey

• Privacy