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Bill

A 5362

Prohibits sale of minor's personal data; requires controllers and processors to provide mechanism for requesting deletion of certain personal data.

2026-2027 Regular Session Introduced by Annette Quijano

Prohibits selling minors’ personal data and requires deletion-request mechanisms to let guardians delete such data, boosting minors’ online privacy.

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WeVote Research Nonpartisan
Bill Summary · A 5362

Summary of Bill A-5362 (New Jersey, 222nd Session)

Purpose and intent

  • Introduces protections related to minors’ personal data. The bill prohibits the sale of a minor’s personal data and requires data controllers and processors to implement and maintain mechanisms that allow individuals to request deletion of certain personal data. The overall aim is to strengthen privacy safeguards for minors online and ensure they have greater control over their information.

Key provisions and changes

  • Prohibition on sale of minors’ personal data: The bill prohibits the sale of personal data belonging to individuals who are under the age of majority (i.e., minors). The exact age threshold follows state law defining “minor,” typically under 18 in New Jersey, unless otherwise specified in related statutes.
  • Deletion request mechanism: Controllers (entities that determine the purposes and means of processing personal data) and processors (entities that process data on behalf of controllers) must provide a clear mechanism for requesting deletion of certain personal data. This aligns with consumer rights to have data removed, with special emphasis on data related to minors.
  • Scope of data and deletion rights: The bill creates a process for individuals (or guardians) to request deletion of data under specified categories. The mechanism likely covers data that is not legally or practically required to retain, though the exact categories and exemptions would be detailed in the bill's text.
  • Compliance and responsibilities: The bill assigns duties to covered entities to establish policies, processes, and verification steps to handle deletion requests. This may include ensuring deletion from backups or data stores where feasible and maintaining records of deletion requests and outcomes.
  • Potential limitations and exemptions: As with typical privacy laws, there may be carve-outs for data retention required by law, to complete transactions, to comply with legal obligations, for security, fraud prevention, or internal analytics that do not identify individuals. The specific exemptions would be defined in the bill.

Who would be affected

  • Data controllers and processors operating in New Jersey or processing New Jersey residents' data, particularly where minors are involved.
  • Businesses that collect, store, or sell personal data of individuals under the age of majority.
  • Potentially organizations that conduct online services, digital platforms, advertising, education technology, and other sectors heavily dealing with minors’ data.

Procedural and timeline aspects

  • The bill would establish a compliance timeline for entities to implement deletion-request mechanisms and to stop selling minors’ data. It may include effective dates, phased compliance, and regulatory guidance.
  • Enforcement and penalties: The bill would likely authorize regulatory enforcement for violations, with potential penalties, fines, or corrective actions specified for noncompliance.
  • Reporting and oversight: There could be provisions requiring reporting, audits, or periodic compliance demonstrations to a New Jersey regulatory agency.

Practical impact and considerations

  • For individuals and guardians: Enhanced ability to request deletion of minors’ data and greater assurance that data collected about minors is not sold.
  • For businesses: Increased compliance obligations, including the implementation of deletion-request workflows, verification processes, and data-seller restrictions for minors.
  • For the market: Possible reductions in data monetization practices involving minors and broader alignment with consumer privacy trends emphasizing user control and data minimization.

Note: The summary reflects the bill’s general objectives based on the title and sponsor information. For precise text, definitions, specific exemptions, effective dates, and enforcement details, the bill’s official language should be consulted.

Compiled from official sources — confirm details with the bill’s official record.

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