ASSEMBLY, No. 1723

STATE OF NEW JERSEY

INTRODUCED MARCH 18, 1996

By Assemblymen COHEN and IMPREVEDUTO

An Act concerning the resale of personal information released by the Division of Motor Vehicles and supplementing chapter 3 of Title 39 of the Revised Statutes.

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

    1. As used in this act, "personal information" means information that identifies an individual, including an individual's photograph, social security number, driver license number, name, address, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and the individual's driving status.

    2. Personal information sold by the Division of Motor Vehicles is not intended for resale or rental once released, sold, or otherwise distributed by the division.

    A person who, in the course of business, knowingly advertises or offers for resale or resells, rents, possesses with intent to resell, or otherwise disposes of personal information for commercial advantage or private financial gain, once it is released, sold, or otherwise distributed by the Division of Motor Vehicles is guilty of a crime of the fourth degree and, in addition to any penalties which may be imposed for this offense, shall be subject to a fine not to exceed three times the amount received for the resale or rental.

    3. This act shall take effect August 1, 1996.

STATEMENT

    The State Treasurer is reportedly planning to sell personal information from the Division of Motor Vehicles (DMV) driver and vehicle data base to direct mail advertisers and other commercial interests beginning in July, 1996. This bill is intended to discourage the resale or rental for commercial advantage of any such information about New Jersey licensed drivers that is sold or otherwise released by the DMV. It is designed to limit the extent to which the privacy of the State's motorists is undermined and to reduce the volume of "junk mail" reaching their mailboxes.

    A person who violates this bill's prohibition on the resale or rental of personal information, or the offering or advertising of it for resale or rental, would be guilty of a fourth degree crime and subject to a fine of three times the resale or rental amount.

Prohibits resale and rental of personal information released by DMV.