N.J. Stat. § 52:4CC-5: Certain personal information not considered government record, exceptions.

5. a. Any record or information, whether written or oral, relating to a person’s immigration status, citizenship status, place of birth, social security number, or individual taxpayer identification number that is solicited, made, or kept to assess eligibility for, or to provide or administer a public service, benefit, program, or professional qualification or license that is requested, used, or delivered, shall not be considered a governmental record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act, and shall not be disclosed, except:

(1) as required pursuant to federal or State law to assess eligibility for, or to provide or administer, services, benefits, programs, or professional qualifications or licenses;

(2) as required by valid judicial order, judicial warrant, or as required by federal law;

(3) by an election agency when the disclosure of a candidate’s citizenship status is a requirement for elected office; or

(4) pursuant to the provisions of subsection c. of this section.

b. (1) A government entity shall not sell, share, or transfer automated license plate recognition information concerning the operation of a person’s motor vehicle, except:

(a) to another government entity when permitted by law;

(b) pursuant to a valid judicial order or judicial warrant;

(c) pursuant to the provisions of subsection c. of this section; or

(d) to a law enforcement agency of another jurisdiction for the purpose of a criminal investigation, provided that the receiving law enforcement agency certifies, electronically or in writing, to the government entity sharing the information that:

(i) the information shall not be used for any purpose related to civil immigration enforcement;

(ii) the information shall not be shared, sold, transferred, or made searchable by the receiving law enforcement agency; and

(iii) the receiving agency is bound by the same restrictions, use limitations, and data security requirements applicable to the government entity under New Jersey law and in accordance with any regulations and protocols established by the New Jersey State Police and directives or guidance issued by the Attorney General of New Jersey .

(2) (a) Any agreement executed pursuant to subparagraph (d) of paragraph (1) of subsection b. of this section shall be considered a governmental record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act.

(b) If it is found that a law enforcement agency of another jurisdiction has used or shared automated license plate recognition information in violation of P.L.2026, c.4 (C.52:4CC-1 et al.) or any agreement executed pursuant to subparagraph (d) of paragraph (1) of subsection b. of this section, the Attorney General may, by order, prohibit the sharing of automated license plate recognition information with that law enforcement agency or deny access to the government entity.

(3) For purposes of this subsection, a government entity’s use of a third-party automated license plate recognition system vendor or service shall not be considered the sale, sharing, or transfer of automated license plate recognition information, provided that the vendor or service not sell, share, transfer, or make searchable to other entities or persons automated license plate recognition information unless the vendor or service meets the requirements of paragraph (1) of this subsection and receives authorization from the government entity.

c. This section shall not prohibit the disclosure of any record or information when the person to whom the record or information pertains has knowingly provided written consent for the disclosure. A government entity may develop and make publicly available a standardized written consent form that shall constitute a vital document pursuant to section 2 of P.L.2023, c.263 (C.52:14-41). Written consent shall include:

(1) the exact record or information to be shared;

(2) the purpose for sharing the record or information;

(3) a statement clarifying that consent is voluntary and declining to provide consent shall not result in discrimination or retaliation by the government entity;

(4) a statement clarifying that consent may be revoked, but that revocation does not impact a record or information already shared under prior written consent provided pursuant to this section; and

(5) the person or agency to receive the record or information.

d. Except where the provision of notice would compromise a criminal investigation, a government entity that is required, pursuant to a valid judicial order, judicial warrant, or as required by federal law, to disclose any record or information described in section 4 of P.L.2026, c.4 (C.52:4CC-4) or any automated license plate reader information shall provide notice of the disclosure to the person to whom the record or information pertains within 90 days of the disclosure. The notice shall set forth the:

(1) specific record or information subject to disclosure;

(2) party to which the record or information was disclosed; and

(3) basis for disclosing the information.

e. All government entities shall review any applicable confidentiality policies, guidelines, and regulations and identify those changes necessary to ensure compliance with the provisions of this section and section 4 of P.L.2026, c.4 (C.52:4CC-4) by any entity under its authority. Any necessary changes to those policies, guidelines, or regulations shall be made as expeditiously as possible, consistent with the entity’s procedures, but no later than one calendar year following the effective date of P.L.2026, c.4 (C.52:4CC-1 et al.), and shall be published prominently on the entity’s Internet website.

f. Nothing in this section shall be construed to prohibit or in any way restrict any action where the prohibition, restriction, or enforcement would be contrary to federal law, including 8 U.S.C. s.1373 and 8 U.S.C. s.1644, a judicial order, or a judicial warrant.

g. A government entity that knowingly obtains, discloses, or uses any information or record described in section 4 of P.L.2026, c.4 (C.52:4CC-4) or any automated license plate recognition information for a purpose not permitted pursuant to this section or section 4 of P.L.2026, c.4 (C.52:4CC-4) shall be subject to injunctive relief and civilly liable for damages to the person to whom the information pertains, or the person’s personal representative or guardian, who may bring an action in the Superior Court.

L.2026, c.4, s.5.