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Can I skip obtaining consent to disclose personal information for a business purpose in New Jersey? What are the requirements?

To disclose personal information for a business purpose in New Jersey, consent is generally required. The requirements for obtaining consent may vary depending on the specific context and regulations involved.

According to NJAC 7:1K-10.6 and NJAC 14:1-12.15, the custodian may disclose confidential information in accordance with the written consent of the claimant. However, a claimant’s consent to a particular disclosure shall not operate as a waiver of a confidentiality claim with regard to further disclosures, unless the authorized disclosure is of such nature that the disclosed information is no longer confidential information.

NJAC 13:69A-7.5 requires each applicant, licensee, registrant and person required to be qualified to 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.

NJAC 13:69A-7.4 requires each applicant, licensee, registrant, holding company and intermediary company to consent in writing to inspections, searches and seizures authorized by law.

However, if the personal information is subject to confidentiality protections, such as in the case of PII of individuals who file a complaint with the Department under any statute enforced by the Department, or under any chapter of Title 12 of the New Jersey Administrative Code, or of any witness who has provided a statement to the Department, as part of a Department investigation, to determine whether a violation of any statute enforced by the Department or of any chapter of Title 12 of the New Jersey Administrative Code has occurred, then the Department is required to keep the PII confidential and shall not disclose it, except under certain limited circumstances (enumerated at N.J.A.C. 12:6-1.4) [6.1].

In summary, obtaining consent is generally required to disclose personal information for a business purpose in New Jersey. The specific requirements for obtaining consent may vary depending on the context and regulations involved.

Source(s):
Jurisdiction

New Jersey