Requires redaction of certain personal identifying information on vehicle accident reports.

A1543

ASSEMBLY, No. 1543

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

SYNOPSIS

���� Requires redaction of certain personal identifying
information on vehicle accident reports.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
requiring redaction of certain personal identifying
information on vehicle accident reports, amending P.L.1995, c.23 and P.L.2001,
c.404, and supplementing chapter 1A of Title 47 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.1995,
c.23 (C.47:1A-1.1) is amended to read as follows:

���� 1.��� As used in P.L.1963,
c.73 (C.47:1A-1 et seq.) as amended and supplemented:

���� "Biotechnology"
means any technique that uses living organisms, or parts of living organisms,
to make or modify products, to improve plants or animals, or to develop
micro-organisms for specific uses; including the industrial use of recombinant
DNA, cell fusion, and novel bioprocessing techniques.

���� "Child protective
investigator in the Division of Child Protection and Permanency" means an
employee of the Division of Child Protection and Permanency in the Department
of Children and Families whose primary duty is to investigate reports of child
abuse and neglect, or any other employee of the Department of Children and
Families whose duties include investigation, response to, or review of
allegations of child abuse and neglect.

���� "Commercial purpose"
means the direct or indirect use of any part of a government record for sale,
resale, solicitation, rent, or lease of a service or any use by which the user
expects a profit either through commission, salary, or fee.� "Commercial
purpose" shall not include the use of a government record for any purpose
by:

���� (1) the news media, or any
parent company, subsidiary, or affiliate of any news media, as defined by
section 2 of P.L.1977, c.253 (C.2A:84A-21a) ;

���� (2) any news, journalistic,
educational, scientific, scholarly, or governmental organization;

���� (3) any person authorized to
act on behalf of a candidate committee, joint candidate committee, political
committee, continuing political committee, political party committee, or
legislative leadership committee, as defined by section 3 of P.L.1973, c.83
(C.19:44A-3), registered with the New Jersey Election Law Enforcement
Commission;

���� (4) any labor organization;

���� (5) any contractor signatory
to a collective bargaining agreement seeking information material to the
enforcement of State or federal statutes or regulations regarding, but not
limited to, wage and hour protections, workplace safety, or public procurement
and public bidding, including, but not limited to, requests for certified
payrolls or information about all bids submitted in response to a public
procurement process subsequent to the deadline for the submission of all bids
for that solicitation;

���� (6) any employee, agent,
contractor, or affiliates of any entity identified in paragraphs (1) through
(5) of this definition in this section; or

���� (7) any non-profit entity,
including organizations or individuals qualified for exemption from federal
taxation pursuant to section 501(c)(3) of the federal Internal Revenue Code, 26
U.S.C. s.501(c)(3) and section 501(c)(4) of the federal Internal Revenue Code,
26 U.S.C. s.501(c)(4), when the entity does not sell, resell, solicit, rent, or
lease a government record to an unaffiliated third party in a way in which the
entity expects a fee.

���� "Constituent" means
any State resident or other person communicating with a member of the
Legislature.

���� "Criminal investigatory
record" means a record which is not required by law to be made, maintained
or kept on file that is held by a law enforcement agency which pertains to any
criminal investigation or related civil enforcement proceeding.

���� "Custodian of a
government record" or "custodian" means in the case of a
municipality, the municipal clerk and in the case of any other public agency,
the officer officially designated by formal action of that agency's director or
governing body, as the case may be.

���� "Government record"
or "record" means any paper, written or printed book, document,
drawing, map, plan, photograph, microfilm, data processed or image processed
document, information stored or maintained electronically or by sound-recording
or in a similar device, or any copy thereof, that has been made, maintained or
kept on file in the course of his or its official business by any officer,
commission, agency or authority of the State or of any political subdivision
thereof, including subordinate boards thereof, or that has been received in the
course of his or its official business by any such officer, commission, agency,
or authority of the State or of any political subdivision thereof, including
subordinate boards thereof.� The terms shall not include inter-agency or
intra-agency advisory, consultative, or deliberative material

���� "Labor organization"
means any organization which exists and is constituted for the purpose, in
whole or in part, of collective bargaining, of dealing with employers
concerning grievances, terms or conditions of employment, or of other mutual aid
or protection in connection with employment.

���� A government record shall not
include the following information which is deemed to be confidential for the
purposes of P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented:

���� information received by a
member of the Legislature from a constituent or information held by a member of
the Legislature concerning a constituent, including, but not limited to,
information in written form or contained in any e-mail or computer data base,
or in any telephone record whatsoever, unless it is information the constituent
is required by law to transmit;

���� any memorandum,
correspondence, notes, report or other communication prepared by, or for, the
specific use of a member of the Legislature in the course of the member's
official duties, except that this provision shall not apply to an otherwise
publicly-accessible report which is required by law to be submitted to the
Legislature or its members;

���� any copy, reproduction or
facsimile of any photograph, negative or print, including instant photographs
and videotapes of the body, or any portion of the body, of a deceased person,
taken by or for the medical examiner at the scene of death or in the course of
a post mortem examination or autopsy made by or caused to be made by the
medical examiner except for use by a legal next of kin, a legal representative,
or an attending physician of the deceased person, for use as a court of this
State permits, or for use by any law enforcement agency in this State or any
other state or federal law enforcement agency;

���� criminal investigatory
records;

���� the portion of any criminal
record concerning a person's detection, apprehension, arrest, detention, trial
or disposition for unlawful manufacturing, distributing, or dispensing, or
possessing or having under control with intent to manufacture, distribute, or
dispense, marijuana or hashish in violation of paragraph (11) of subsection b.
of N.J.S.2C:35-5, or a lesser amount of marijuana or hashish in violation of
paragraph (12) of subsection b. of that section, or a violation of either of
those paragraphs and a violation of subsection a. of section 1 of P.L.1987,
c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327
(C.2C:35-7.1) for distributing, dispensing, or possessing, or having under
control with intent to distribute or dispense, on or within 1,000 feet of any
school property, or on or within 500 feet of the real property comprising a
public housing facility, public park, or public building, or for obtaining,
possessing, using, being under the influence of, or failing to make lawful disposition
of marijuana or hashish in violation of paragraph (3) or (4) of subsection a.,
or subsection b., or subsection c. of N.J.S.2C:35-10, or for a violation of any
of those provisions and a violation of N.J.S.2C:36-2 for using or possessing
with intent to use drug paraphernalia with that marijuana or hashish;

���� victims' records, except that
a victim of a crime shall have access to the victim's own records;

���� any written request by a crime
victim for a record to which the victim is entitled to access as provided in
this section, including, but not limited to, any law enforcement agency report,
domestic violence offense report, and temporary or permanent restraining order;

���� personal firearms records,
except for use by any person authorized by law to have access to these records
or for use by any government agency, including any court or law enforcement
agency, for purposes of the administration of justice;

���� personal identifying
information received by the Division of Fish and Wildlife in the Department of
Environmental Protection in connection with the issuance of any license
authorizing hunting with a firearm;

���� trade secrets and proprietary
commercial or financial information obtained from any source.� For the purposes
of this paragraph, trade secrets shall include software, applications, and code
obtained by a public body under a licensing agreement which prohibits its
disclosure;

���� any record within the
attorney-client privilege.� This paragraph shall not be construed as exempting
from access attorney or consultant bills or invoices except that such bills or
invoices may be redacted to remove any information protected by the attorney-client
privilege;

���� administrative or technical
information regarding computer hardware, tablets, telephones, electronic
computing devices, software applications, and networks or devices which operate
on or as a part of a computer network or related technologies within the same,
which shall include system logs, event logs, transaction logs, tracing logs, or
any logs which are reasonably construed to be similar to the same and generated
by the devices or servers covered within this paragraph, which, if disclosed,
could jeopardize computer security, or related technologies;

���� emergency or security
information or procedures for any buildings or facility which, if disclosed,
would jeopardize security of the building or facility or persons therein;

���� security measures and
surveillance techniques which, if disclosed, would create a risk to the safety
of persons, property, electronic data or software;

���� security alarm system activity
and access reports, including video footage, for any public building, facility,
or grounds unless the request identifies a specific incident that occurred, or
a specific date and limited time period at a particular public building,
facility, or grounds, and is deemed not to compromise the integrity of the
security system by revealing capabilities and vulnerabilities of the system;

���� information which, if
disclosed, would give an advantage to competitors or bidders, including
detailed or itemized cost estimates prior to bid opening;

���� information generated by or on
behalf of public employers or public employees in connection with any sexual
harassment complaint filed with a public employer or with any grievance filed
by or against an individual or in connection with collective negotiations,
including documents and statements of strategy or negotiating position;

���� information which is a
communication between a public agency and its insurance carrier, administrative
service organization or risk management office;

���� information which is to be
kept confidential pursuant to court order;

���� any copy of form DD-214,
NGB-22, or that form, issued by the United States Government, or any other
certificate of honorable discharge, or copy thereof, from active service or the
reserves of a branch of the Armed Forces of the United States, or from service
in the organized militia of the State, that has been filed by an individual
with a public agency, except that a veteran or the veteran's spouse or
surviving spouse shall have access to the veteran's own records;

���� any copy of an oath of
allegiance, oath of office or any affirmation taken upon assuming the duties of
any public office, or that oath or affirmation, taken by a current or former
officer or employee in any public office or position in this State or in any
county or municipality of this State, including members of the Legislative
Branch, Executive Branch, Judicial Branch, and all law enforcement entities,
except that the full name, title, and oath date of that person contained
therein shall not be deemed confidential;

���� that portion of any document
which discloses the social security number, credit card number, debit card
number, bank account information, month and day of birth, any personal email
address required by a public agency for government applications, services, or
programs, any telephone number or driver license number of any person, or, in
accordance with section 2 of P.L.2021, c.371 (C.47:1B-2), that portion of any
document which discloses the home address, whether a primary or secondary
residence, of any active, formerly active, or retired judicial officer, law
enforcement officer, child protective investigator in the Division of Child
Protection and Permanency, or prosecutor, or, as defined in section 1 of
P.L.2021, c.371 (C.47:1B-1), any immediate family member thereof; except for
use by any government agency, including any court or law enforcement agency, in
carrying out its functions, or any private person or entity acting on behalf
thereof, or any private person or entity seeking to enforce payment of court-ordered
child support; except with respect to the disclosure of driver information by
the New Jersey Motor Vehicle Commission as permitted by section 2 of P.L.1997,
c.188 (C.39:2-3.4); except with respect to the disclosure of information
included in records and documents maintained by the Department of the Treasury
in connection with the State's business registry programs;� and except that a
social security number contained in a record required by law to be made,
maintained or kept on file by a public agency shall be disclosed when access to
the document or disclosure of that information is not otherwise prohibited by
State or federal law, regulation or order or by State statute, resolution of
either or both houses of the Legislature, Executive Order of the Governor, rule
of court or regulation promulgated under the authority of any statute or
executive order of the Governor;

���� that portion of any document
that discloses the personal identifying information of any person provided to a
public agency for the sole purpose of receiving official notifications;

���� a list of persons identifying
themselves as being in need of special assistance in the event of an emergency
maintained by a municipality for public safety purposes pursuant to section 1
of P.L.2017, c.266 (C.40:48-2.67) and their personal identifying information;

���� a list of persons identifying
themselves as being in need of special assistance in the event of an emergency
maintained by a county for public safety purposes pursuant to section 6 of
P.L.2011, c.178 (C.App.A:9-43.13) and their personal identifying information;

���� that portion of any document
that requires and would disclose personal identifying information of persons
under the age of 18 years, except with respect to the disclosure of driver
information by the New Jersey Motor Vehicle Commission as permitted by section
2 of P.L.1997, c.188 (C.39:2-3.4) or the disclosure of driver information to
any insurer or insurance support organization, or a self-insured entity, or its
agents, employees, or contractors, for use in connection with claims
investigation activities, antifraud activities, rating, or underwriting, and
except with respect to the disclosure of voter information on voter and
election records pursuant to section 8 of P.L.2024, c.16 (C.47:1A-5.3);

���� personal identifying
information disclosed on domestic animal permits, licenses, and registration;

���� structured reference data that
helps to sort and identify attributes of the information it describes, referred
to as metadata, or any extrapolation or compilation thereof, which shall
include the SMTP header properties of emails, except that portion that
identifies authorship, identity of editor, and time of change;

���� New Jersey State Firemen's
Association financial relief applications;

���� owner and maintenance manuals;

���� data classified under the
"Health Insurance Portability and Accountability Act of 1996,"
Pub.L.104-191; and

���� any indecent or graphic images
of a person's intimate parts, as defined in section 10 of P.L.2024, c.16
(C.47:1A-5.2), that are captured in a photograph or video recording without the
prior written consent of the subject of the photograph or video footage, as
defined in section 10 of P.L.2024, c.16 (C.47:1A-5.2).

���� A government record shall not
include, with regard to any public institution of higher education, the
following information which is deemed to be privileged and confidential:

���� pedagogical, scholarly and/or
academic research records and/or the specific details of any research project
conducted under the auspices of a public higher education institution in New
Jersey, including, but not limited to, research, development information,
testing procedures, or information regarding test participants, related to the
development or testing of any pharmaceutical or pharmaceutical delivery system,
except that a custodian may not deny inspection of a government record or part
thereof that gives the name, title, expenditures, source and amounts of funding
and date when the final project summary of any research will be available;

���� test questions, scoring keys
and other examination data pertaining to the administration of an examination
for employment or academic examination;

���� records of pursuit of
charitable contributions or records containing the identity of a donor of a
gift if the donor requires non-disclosure of the donor's identity as a
condition of making the gift provided that the donor has not received any
benefits of or from the institution of higher education in connection with such
gift other than a request for memorialization or dedication;

���� valuable or rare collections
of books or documents obtained by gift, grant, bequest or devise conditioned
upon limited public access;

���� information contained on
individual admission applications;

����
personal identifying
information and auto insurance policy numbers included on vehicle accident
reports, except that unredacted vehicle accident reports shall be available to
those parties specified in section 3 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill);
and

���� information concerning student
records or grievance or disciplinary proceedings against a student to the
extent disclosure would reveal the identity of the student.

���� Nothing in this section shall
be construed to limit the requirements to provide and make publicly available
the information pursuant to section 5 of P.L.1963, c.150 (C.34:11-56.29) and
section 5 of P.L.1999, c.238 (C.34:11-56.52).

���� "Judicial officer"
means any active, formerly active, or retired federal, state, county, or
municipal judge, including a judge of the Tax Court and any other court of
limited jurisdiction established, altered, or abolished by law, a judge of the
Office of Administrative Law, a judge of the Division of Workers' Compensation,
and any other judge established by law who serves in the executive branch.

���� "Law enforcement
agency" means a public agency, or part thereof, determined by the Attorney
General to have law enforcement responsibilities.

���� "Law enforcement
officer" means a person whose public duties include the power to act as an
officer for the detection, apprehension, arrest, and conviction of offenders
against the laws of this State.

���� "Member of the
Legislature" means any person elected or selected to serve in the New
Jersey Senate or General Assembly.

���� "Personal firearms
record" means any information contained in a background investigation
conducted by the chief of police, the county prosecutor, or the Superintendent
of State Police, of any applicant for a permit to purchase a handgun, firearms
identification card license, or firearms registration; any application for a
permit to purchase a handgun, firearms identification card license, or firearms
registration; any document reflecting the issuance or denial of a permit to
purchase a handgun, firearms identification card license, or firearms
registration; and any permit to purchase a handgun, firearms identification
card license, or any firearms license, certification, certificate, form of
register, or registration statement.� For the purposes of this paragraph,
information contained in a background investigation shall include, but not be
limited to, identity, name, address, social security number, telephone number,
fax number, driver's license number, email address, or social media address of
any applicant, licensee, registrant, or permit holder.

���� "Public agency" or
"agency" means any of the principal departments in the Executive
Branch of State Government, and any division, board, bureau, office, commission
or other instrumentality within or created by such department; the Legislature
of the State and any office, board, bureau or commission within or created by
the Legislative Branch; and any independent State authority, commission,
instrumentality or agency.� The terms also mean any political subdivision of
the State or combination of political subdivisions, and any division, board,
bureau, office, commission or other instrumentality within or created by a
political subdivision of the State or combination of political subdivisions,
and any independent authority, commission, instrumentality or agency created by
a political subdivision or combination of political subdivisions.

���� "Victim of a crime"
means a person who has suffered personal or psychological injury or death or
incurs loss of or injury to personal or real property as a result of a crime,
or if such a person is deceased or incapacitated, a member of that person's
immediate family.

���� "Victim's record"
means an individually identifiable file or document held by a victims' rights
agency which pertains directly to a victim of a crime except that a victim of a
crime shall have access to the victim's own records.

���� "Victims' rights
agency" means a public agency, or part thereof, the primary responsibility
of which is providing services, including, but not limited to, food, shelter,
or clothing, medical, psychiatric, psychological or legal services or referrals,
information and referral services, counseling and support services, or
financial services to victims of crimes, including victims of sexual assault,
domestic violence, violent crime, child endangerment, child abuse or child
neglect, and the Victims of Crime Compensation Board, established pursuant to
P.L.1971, c.317 (C.52:4B-1 et seq.) and continued as the Victims of Crime
Compensation Office pursuant to P.L.2007, c.95 (C.52:4B-3.2 et al.) and
Reorganization Plan No. 001-2008.

���� As used in this section,
"personal identifying information" means information that may be
used, alone or in conjunction with any other information, to identify a
specific individual.� Personal identifying information shall include, but shall
not be limited to, the following data elements: name, social security number,
credit card number, debit card number, bank account information, month and day
of birth, any personal email address required by a public agency for government
applications, services, or programs, personal telephone number, the street
address portion of any person's primary or secondary home address, or driver
license number of any person.� "Personal identifying information"
shall not include any street address, mailing address, email address, or
telephone number of a public agency.� "Personal identifying
information" shall not include the email address of a governmental affairs
agent.

(cf: P.L.2024, c.16, s.1)

���� 2.��� Section 12 of P.L.2001,
c.404 (C.47:1A-11) is amended to read as follows:

���� 12.� a.� If a public official,
officer, employee, or custodian is found to have knowingly and willfully
violated P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented, and
to have unreasonably denied access under the totality of the circumstances, the
public agency that employs the custodian, officer, employee, or official shall
be subject to a civil penalty of $1,000 for an initial violation, $2,500 for a
second violation that occurs within 10 years of an initial violation, and
$5,000 for a third violation that occurs within 10 years of an initial
violation.� The penalties authorized pursuant to this subsection may be imposed
by the courts or by the Government Records Council.

���� b.���
(1)
A requestor
who is found to have intentionally failed to certify that a records request is
for a commercial purpose shall be subject to a civil penalty of $1,000 for the
first offense, $2,500 for the second offense, and $5,000 for each subsequent
offense.� The penalties may be imposed by the courts.

����
(2) An authorized requestor
who was provided an unredacted vehicle accident report pursuant to section 1 of
P.L.1995, c.23 (C.47:1A-1.1) and is found to have knowingly and willfully
publicly disclosed the personal identifying information or auto insurance
policy numbers disclosed on the vehicle accident report without written consent
of all parties involved in the accident, and in the case of a deceased or
incapacitated party, the written consent of that person�s legal next of kin, shall
be subject to a civil penalty of $1,000 for the first offense, $2,500 for the
second offense, and $5,000 for each subsequent offense.� The penalties may be
imposed by the courts.

���� c.��� These penalties shall be
collected and enforced in proceedings in accordance with the "Penalty
Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), and the
rules of court governing actions for the collection of civil penalties.� The Superior
Court shall have jurisdiction of proceedings for the collection and enforcement
of the penalty imposed by this section.

���� d.��� Appropriate disciplinary
proceedings may be initiated against a public official, officer, employee or
custodian against whom a penalty has been imposed.

(cf: P.L.2024, c.16, s.5)

���� 3.��� (New section) a.� Unredacted
vehicle accident reports shall be available to the following authorized
parties: (1) individuals involved in the accident; (2) attorneys representing a
party to the accident; (3) auto insurance companies representing a party to the
accident; and (4) local, State, and federal law enforcement agencies and their
employees or agents acting within the scope of their official duties.� Authorized
requestors who receive an unredacted report may use such confidential
information solely for legal, investigatory, or insurance-related purposes. �Disclosure
of any personal identifying information or auto insurance policy numbers to the
public is prohibited without the written consent of all parties involved or, in
the case of an individual who is deceased, incapacitated as defined in
N.J.S.3B:1-2, or otherwise lacks legal capacity, the written consent of that
person�s legal next of kin.� Internal use or sharing of information by
employees, agents, or contractors of an authorized attorney, auto insurance
company, or local, State, and federal law enforcement agency, shall not
considered public disclosure, provided that the information is used exclusively
for legal representation, claims processing, or accident-related investigation.

���� b.��� An authorized requestor
who is found to have knowingly and willfully publicly disclosed the personal
identifying information or auto insurance policy numbers disclosed on the
vehicle accident report without written consent of all parties involved in the
accident, and in the case of a deceased or incapacitated party, the written
consent of that person�s legal next of kin, shall be subject to a civil penalty
pursuant to section 12 of P.L.2001, c.404 (C.47:1A-11).

���� For purposes of this act,
P.L.��� , c.��� (pending before the Legislature as this bill), �disclosure to
the public� shall include, but not be limited to, distribution through media,
online platforms, commercial sale, correspondence, including email or written
communication, or any other method by which such information is made accessible
to individuals who are not authorized under law to access such data.�

���� c.��� The custodian of a
government record shall maintain a log of all unredacted vehicle accident
reports provided pursuant to this act, P.L.��� , c.��� (pending before the
Legislature as this bill), including the name of the requestor, their legal
basis for access, and the date of the disclosure.� Such records shall be made
available to the Government Records Council or Attorney General upon request in
connection with an investigation.

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill strengthens personal
privacy and security for New Jersey residents by requiring the redaction of
personal identifying information and auto insurance policy numbers from vehicle
accident reports before those reports are released to the public under the law
commonly known as the open public records act (OPRA).� At a time when data
breaches and identity theft are increasingly common, safeguarding this
information is essential to protecting individuals� privacy rights and
preventing misuse of sensitive data.

���� The bill limits access to
unredacted vehicle accident reports to parties with a clearly defined legal,
insurance, or investigatory purpose.� Authorized parties include individuals
involved in the accident; their attorneys; insurance companies representing a
party to the accident; and local, State, and federal law enforcement agencies
and their employees or agents acting within the scope of their official
duties.� Under the bill, authorized recipients are strictly limited to using
unredacted information for official purposes and are prohibited from disclosing
it publicly without the written consent of all involved parties or, in the case
of a deceased or incapacitated person, the legal next of kin.

���� To deter unauthorized
disclosure, the bill imposes escalating civil penalties.� The penalties are
$1,000 for a first offense, $2,500 for a second offense, and $5,000 for each
subsequent offense.� The bill also requires custodians of government records at
government agencies to keep a log of unredacted accident report disclosures,
which are required to be made available to the Government Records Council or
Attorney General upon request in connection with an investigation.