Can I use third-party file sharing tools that collect personal information in New Jersey? What are the requirements?

Based on the documents provided, there are several regulations in New Jersey that govern the use and dissemination of personal information, including criminal history record information.

Use of Third-Party File Sharing Tools

There are no specific regulations in New Jersey that prohibit the use of third-party file sharing tools that collect personal information. However, any use of personal information must comply with the regulations outlined in NJAC 13:42-8.2, which requires licensees who prepare client records maintained solely on a personal or other computer to use a write-protected program that contains an internal permanently activated date and time recordation for all entries, automatically prepares a back-up copy of the file, and is designed in such a manner that, after the licensee “signs” by means of a confidential personal code (“CPC”), the entry cannot be changed in any manner.

Dissemination of Personal Information

NJAC 13:59-2.4 outlines the limitations on access and use of criminal history record information (CHRI) obtained for criminal justice purposes. Access to criminal history record information for criminal justice purposes is restricted to criminal justice agencies, and criminal justice agencies shall limit their use of criminal history record information solely to the authorized purposes for which it was obtained. Criminal history record information furnished by the SBI or accessed pursuant to a “New Jersey Criminal Justice Information System User’s Agreement” shall not be further disseminated for any purpose, unless such further dissemination is authorized by law.

NJAC 13:59-1.2 outlines the dissemination of criminal history record information for noncriminal justice purposes. Governmental entities of this State, the Federal government, or any other state may obtain all New Jersey criminal history record information from the central repository of SBI for noncriminal justice purposes records of convictions in New Jersey State courts and, regardless of their age, all records of pending arrests and charges for violations of New Jersey laws, unless such records have been expunged pursuant to law. Private detectives licensed by the New Jersey Division of State Police pursuant to 45:19-8 et seq., for purposes of obtaining information in furtherance of the performance of their statutorily authorized functions, as specifically enumerated by 45:19-9 (a)1 to 9, may also obtain criminal history record information.

Conclusion

While there are no specific regulations in New Jersey that prohibit the use of third-party file sharing tools that collect personal information, any use of personal information must comply with the regulations outlined in NJAC 13:42-8.2. Additionally, the dissemination of criminal history record information is restricted to authorized entities and purposes, as outlined in NJAC 13:59-2.4 and NJAC 13:59-1.2.

Jurisdiction

New Jersey

• Privacy