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

Requirements for using third-party marketing automation tools in New Jersey

Based on the provided context documents, third-party marketing automation tools that collect personal information in New Jersey are subject to certain requirements.

According to NJST 39:2-3.4, personal information obtained by the New Jersey Motor Vehicle Commission in connection with a motor vehicle record shall not be knowingly disclosed or otherwise made available to any person except for certain permissible uses. These permissible uses include, among others, use by any government agency, including any court or law enforcement agency in carrying out its functions, or any private person or entity acting on behalf of a federal, State, or local agency in carrying out its functions. Personal information may also be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, and performance monitoring of motor vehicles and dealers by motor vehicle manufacturers.

Furthermore, NJST 39:2-3.4 specifies that personal information shall be disclosed for use by a legitimate business or its agents, employees, or contractors, but only to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors, and if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against the individual.

Therefore, if a third-party marketing automation tool collects personal information from the New Jersey Motor Vehicle Commission, it must use the information only for permissible uses as specified in NJST 39:2-3.4. The tool must also ensure that the personal information is accurate and up-to-date, and use it only for preventing fraud, pursuing legal remedies, or recovering on a debt or security interest against the individual.

It is important to note that the use of personal information obtained from the New Jersey Motor Vehicle Commission is subject to regulation by the commission, as provided by the federal “Drivers’ Privacy Protection Act of 1994,” Pub.L.103-322.

In addition, third-party administrators subject to licensure or registration in New Jersey must obtain licensure or registration prior to operating in the state. The application filing requirements for licensure or registration of third-party administrators are specified in NJAC 11:23-2.2. The information that shall accompany the application includes a copy of the applicant’s basic organizational documents, executed bylaws, rules and regulations, biographical affidavit, statement of any criminal convictions or civil, enforcement or regulatory action, financial statements audited by an independent certified public accountant, business plan, and a power of attorney, among others.

Conclusion

In conclusion, third-party marketing automation tools that collect personal information in New Jersey must comply with the requirements specified in NJST 39:2-3.4. The tools must use the information only for permissible uses, ensure that the information is accurate and up-to-date, and use it only for preventing fraud, pursuing legal remedies, or recovering on a debt or security interest against the individual. Third-party administrators subject to licensure or registration in New Jersey must obtain licensure or registration prior to operating in the state and comply with the application filing requirements specified in NJAC 11:23-2.2.

Jurisdiction

New Jersey

• Privacy