ASSEMBLY, No. 3122

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JULY 1, 2010

 


 

Sponsored by:

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblyman  ANGEL FUENTES

District 5 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     “The Anti-Big Brother Act.”

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning notification to certain persons using certain electronic devices and supplementing Title 18A of the New Jersey Statutes and Title 34 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    A school district furnishing a student with a laptop computer, cellular telephone, or other electronic device shall provide the student with written notification that the electronic device may record or collect information on the student's activity or use of the device if the electronic device is equipped with a camera, global positioning system, or other feature capable of recording or collecting information on the student’s activity or use of the device.  The written notification shall have annexed to it a form which shall be signed by the parent or guardian of the student acknowledging receipt of the notification and returned to the school district.  The school district shall retain the form as long as the student retains the use of the electronic device.

     A school district failing to provide the written notification required by this section shall be subject to a fine of $250.

 

     2.    A public or private employer furnishing an employee with a laptop computer, cellular telephone, or other electronic device shall provide that employee with written notification that the electronic device may record or collect information on the employee's activity or use of the device if the electronic device is equipped with a camera, global positioning system, or other feature capable of recording or collecting information on the employee’s activity or use of the device.  The written notification to the employee shall have annexed to it a form which shall be signed by the employee acknowledging receipt of the notification and returned to the employer.  The employer shall retain the form as long as the employee retains the use of the electronic device.

     An employer failing to provide the written notification required by this section shall be subject to a fine of $250.

 

     3.    This act shall take effect on the 60th day following enactment.

 

 

STATEMENT

 

     This bill, “The Anti-Big Brother Act,” would require a school district furnishing a student with a laptop computer, cellular telephone, or other electronic device to provide the student with written notice that the electronic device may record or collect information on the student’s activity or use of the device if the device is equipped with a camera, global positioning system, or other feature capable of recording or collecting information on the student's activity or use of the device.  The notice is to have a form attached to it to be signed by the student's parent or guardian and returned to the school district acknowledging receipt of the form, which shall be retained by the school district.

     In like fashion, a public or private employer furnishing an employee with a laptop computer, cellular telephone or similar device as above shall provide similar written notification to the employee, including an acknowledgement form which is to be signed by the employee and returned to the employer.

     An employer or a school district failing to provide the written notification required by this bill would be subject to a fine of $250.

     This bill is occasioned by incidents in the Lower Merion School District in Pennsylvania in which cameras in laptops furnished by the school district recorded activity by students without the students realizing that the activity was being recorded.  Images from the camera were transmitted to administrators of the school district.