Comments regarding draft regulations for implementing the New Jersey Data Privacy Act (NJDPA)

On August 28th, FPF provided comments regarding draft regulations for implementing the New Jersey Data Privacy Act (“NJDPA”). FPF seeks to support balanced, informed public policy and equip regulators with the resources and tools needed to craft effective regulation. In response to the Agency’s public comment on the proposed rules, FPF recommends that the Division consider the following:

1. Clarifying and aligning definitions of key terms with comparable state privacy laws where appropriate;
2. Ensuring that consumer controls and opt-out rights operate as expected to adequately enable consumer choice;
3. Considering where consumer rights requirements can be adjusted to promote socially beneficial activities, such as bias testing, or provide additional flexibility in light of technical and administrative challenges; and
4. Leverage existing business practices and standards set by comparable state privacy laws in setting requirements for data protection impact assessments.