New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A2035

Introduced
1/11/22  

Caption

Restricts use of certain data collected for purposes of contact tracing related to COVID-19 pandemic.

Impact

One of the primary provisions of A2035 is the requirement that any identifiable health data collected must be de-identified or deleted within 90 days of collection. This restriction aims to protect individual privacy and prevent potential misuse of sensitive health information. The bill defines 'de-identified data' as information that cannot be linked to an individual without the need for additional information, while 'individually identifiable data' is defined as information that can be linked to an individual without additional context. These definitions are crucial for maintaining the confidentiality of private health data throughout the contract tracing process.

Summary

Assembly Bill A2035 provides significant updates to New Jersey's laws concerning data privacy in the context of contact tracing related to the COVID-19 pandemic. The bill aims to restrict the use of health and location data collected through contact tracing activities. It establishes clear guidelines under which public health entities, such as the Department of Health and local health boards, and contracted third parties may utilize this data, emphasizing that the information gathered is only permissible for completing contact tracing or for research purposes explicitly authorized by law.

Conclusion

In conclusion, while Assembly Bill A2035 represents a forward-thinking initiative in data privacy legislation associated with COVID-19, it brings forth ongoing discussions around public health policy, data security, and the ethical implications of contact tracing. As the bill encourages responsible data management and protection, it also emphasizes the need for public health entities to navigate the complexities of safeguarding personal information while addressing public health concerns during the pandemic.

Contention

Despite its protective measures, A2035 has raised concerns regarding the balance between public health needs and individual privacy rights. Some lawmakers and advocacy groups argue that the stringent requirements on data usage might hinder effective contact tracing efforts, which rely on comprehensive data. Moreover, the bill imposes civil penalties of up to $10,000 for third parties that misuse or unlawfully disclose identifiable health data, raising questions about enforcement and compliance. Debates may arise over how these penalties will affect collaboration with third parties, especially those involved in critical health data research.

Companion Bills

No companion bills found.

Previously Filed As

NJ AR36

Establishes Assembly Select Committee on COVID-19 Contact Tracing Data Privacy.

NJ A354

Establishes commission to study mental health impact of COVID-19 pandemic on K-12 students.

NJ A822

Establishes matching grant program in DOE for school districts to implement high-impact tutoring programs addressing learning loss due to COVID-19 pandemic.

NJ A845

Restricts establishment of mandates to become vaccinated against coronavirus disease 2019 (COVID-19); establishes reimbursement program to cover certain out-of-pocket costs incurred in obtaining COVID-19 vaccine.

NJ A3793

Requires health care facilities to screen health care workers and first responders for symptoms of post-traumatic stress disorder related to COVID-19 pandemic.

NJ A984

Makes $3 million supplemental appropriation for bonus awards for certain COVID-19 emergency essential frontline State workers of Local 195 of International Federation of Professional and Technical Engineers.

NJ S138

Provides gross income tax deduction for home office expenses incurred during COVID-19 pandemic.

NJ A1321

Requires DOH to revise emergency response plan for pandemic influenzas.

NJ A554

Establishes "New Jersey Pandemic Bill of Rights for the Welfare of the People."

NJ HR3

Requesting an inquiry into the COVID-19 pandemic

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