Prohibits wearable technology companies from selling users' health information without consent.
Summary
S4065 would prohibit wearable technology companies from selling, or offering to sell, a consumer’s health information collected through wearable devices unless the consumer gives express written consent. The bill defines wearable technology broadly to include devices physically worn by a person that capture motion, activity, and real-time data such as heart rate and sleep, and it defines health information to include data relating to a consumer’s past, present, or future physical or mental health condition.
The bill applies not only to the wearable technology company itself, but also to any entity that controls or is controlled by that company. It is framed as an amendment within New Jersey’s consumer privacy framework and would take effect on the first day of the third month after enactment. In practical terms, it would create a specific consent requirement for the commercial sale of sensitive health-related data generated by fitness trackers, smartwatches, and similar devices.
Impact
The bill would supplement Title 56 of the Revised Statutes and narrow how wearable technology companies may use and monetize consumer health data in New Jersey. It would not ban collection of wearable-device health information, but it would prohibit selling or offering to sell that information without express written consent, creating a new statutory restriction on data brokerage and secondary data sharing by device makers and affiliated entities. The measure would likely affect companies that develop, sell, deploy, or market wearable devices, as well as corporate parents, subsidiaries, and other controlled entities.
Sentiment
Based on the bill text and the absence of recorded committee testimony or votes, the available record suggests a generally privacy-protective and consumer-focused purpose rather than a contested policy debate. The sponsor’s framing indicates concern about the handling of sensitive health data generated by everyday wearable devices. No formal opposition, amendments, or vote tallies are provided in the materials, so there is no documented legislative split in the available context.
Contention
The main policy tension is between consumer privacy and the data practices of wearable technology companies. Supporters would likely view the bill as a necessary safeguard for sensitive health information, while potential critics may argue that the consent requirement could complicate business models, data analytics, partnerships, or product development. Another possible point of contention is the breadth of the definitions, especially the inclusion of affiliated entities and the wide scope of “health information,” which could capture a broad range of device-generated data.