Bill Text: NJ A5017 | 2024-2025 | Regular Session | Introduced
Bill Title: Exempts certain personal information collected by insurance-support organizations from certain requirements concerning notification and disclosure of personal data.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-14 - Introduced, Referred to Assembly Science, Innovation and Technology Committee [A5017 Detail]
Download: New_Jersey-2024-A5017-Introduced.html
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
SYNOPSIS
Exempts certain personal information collected by insurance-support organizations from certain requirements concerning notification and disclosure of personal data.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning insurance-support organizations and personal data and amending P.L.2023, c.266.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.2023, c.266 (C.56:8-166.13) is amended to read as follows:
10. Nothing in P.L.2023, c.266 (C.56:8-166.4 et seq.) shall apply to:
a. protected health information collected by a covered entity or business associate subject to the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191, and the "Health Information Technology for Economic and Clinical Health Act,"42 U.S.C. s.17921 et seq.;
b. a financial institution, data, or an affiliate of a financial institution that is subject to Title V of the federal "Gramm-Leach-Bliley Act," 15 U.S.C. s.6801 et seq., and the rules and implementing regulations promulgated thereunder;
c. the secondary market institutions identified in 15 U.S.C. s.6809(3)(D) and 12 C.F.R. s.1016.3(l)(3)(iii);
d. an insurance institution subject to P.L.1985, c.179 (C.17:23A-1 et seq.);
e. the sale of a consumer's personal data by the New Jersey Motor Vehicle Commission that is permitted by the federal "Drivers' Privacy Protection Act of 1994," 18 U.S.C. s.2721 et seq.;
f. personal data collected, processed, sold, or disclosed by a consumer reporting agency, as defined in 15 U.S.C. s.1681a(f), if the collection, processing, sale, or disclosure of the personal data is limited, governed, and collected, maintained, disclosed, sold, communicated, or used only as authorized by the federal "Fair Credit Reporting Act," 15 U.S.C. s.1681 et seq., and implementing regulations;
g. any State agency as defined in section 2 of P.L.1971, c.182 (C.52:13D-13), any political subdivision, and any division, board, bureau, office, commission, or other instrumentality created by a political subdivision; [or]
h. personal data that is collected, processed, or disclosed, as part of research conducted in accordance with the Federal Policy for the protection of human subjects pursuant to 45 C.F.R. Part 46 or the protection of human subjects pursuant to 21 C.F.R. Parts 50 and 56; or
i. personal data collected, processed, sold, or disclosed for the purpose of detecting or preventing fraud, material misrepresentation or material nondisclosure in connection with insurance underwriting or insurance claim activity by an insurance-support organization as defined in section 2 of P.L.1985, c.179 (C.17:23A-2).
(cf: P.L.2023, c.266, s.10.)
2. This act shall take effect immediately.
STATEMENT
This bill exempts insurance-support organizations that collect, process, sell, or disclose personal data for the purpose of detecting or preventing fraud, material misrepresentation or material nondisclosure in connection with insurance underwriting or insurance claim activity from the provisions of N.J.S.A.56:8-166.4 et seq., which requires certain entities to notify consumers of collection and disclosure of personal data. Under current law, insurance institutions and other entities are exempt from the requirements of N.J.S.A.56:8-166.4 et seq.
