The NAI Comments on Proposed Rules under the NJ Data Privacy Act

On July 31, the NAI commented on the New Jersey Data Privacy Act (NJDPA; N.J.A.C 13:45L). The NAI is supportive of the Division of Consumer Affairs as it joins the ranks of other states that have undertaken rulemaking to implement new privacy laws. While the NAI is offering comments on many detailed points in the Proposed Rules, we also recommend that the Division focus on three overarching principles as it considers comments and works toward finalizing the
Proposed Rules:

1. Harmony with Statutory Text. The purpose of regulations is to implement, not alter
   statutory requirements. Where proposed rules exceed or diverge from statutory
   language, the intended goals and balance achieved by lawmakers will be frustrated.
2. Interoperability Across State Frameworks. A patchwork of materially different rule sets across states breeds consumer confusion and compliance friction without commensurate privacy gains. Where consistent with the aims of lawmakers and the statutory text, the Division should seek harmony with requirements in other states.
3. Feasibility for Consumers and Businesses Alike. Effective rules must be technologically achievable by controllers subject to them at scale; and must also promote the ability of ordinary consumers to understand and exercise their privacy rights.

Read the full comments here: