In response to mounting constitutional challenges, New Jersey lawmakers have proposed additional amendments to Daniel’s Law. The proposed changes, known as the “Protect Daniel’s Law Act,” expand the law to include members of the Legislature and municipal court administrators. Among other changes, the bill also requires the Director of the Office of Information Privacy (OIP) in the Department of Community Affairs to establish a secure portal for the purpose of prohibiting disclosure of personal information by private entities.
Daniel’s Law
Daniel’s Law (P.L. 2020 c. 125, amended by P.L. 2021 c. 371) was enacted in response to the 2020 murder of Daniel Anderl, the son of U.S. District Judge Esther Salas. It prohibits the disclosure of home address or unpublished telephone number of certain law enforcement officers, judicial officers, prosecutors and the immediate family members of those individuals.
Under the statute, upon receipt of a notification by a Covered Person, “any person or business association” shall not “disclose” or “otherwise make available” the individual’s home address or phone number. “Disclose” is broadly defined to include any action to “deliver, transfer, post, publish, distribute, . . . and making available or viewable within a searchable list or database.”
Daniel’s Law also establishes criminal and civil penalties for the disclosure of such information. Businesses that receive a request must comply within 10 days or face lawsuit for mandatory liquidated damages of $1,000 per claim. The law also authorizes aggrieved parties to assign their claim to others.
Legal Challenges to Daniel’s Law
Since its enactment in 2020, Daniel’s Law has been subject to numerous state and federal lawsuits. The latest case, Atlas Data Privacy Corp., et al., v. We Inform LLC, et al., involves a 2023 amendment that allows individuals covered by the statute to assign their claims to a third party. While the district court largely upheld the law, the Third Circuit Court of Appeals has asked for the New Jersey Supreme’s Court guidance before issuing a decision. It certified two questions of the New Jersey Supreme Court: “Does Daniel’s Law require a mental state — negligence, recklessness, intent — before liability attaches? And if so, which standard applies to which remedies?”
Protect Daniel’s Law Act
The Protect Daniel’s Law Act (S4884) aims to address outstanding legal challenges resulting from the 2023 amendments to Daniel’s Law and “reaffirm the law’s original intent.”
“Unfortunately, Daniel’s Law is broken, and this legislation will fix it,” chief sponsor, Sen. Gordon Johnson said in a statement. “The amendments made to Daniel’s Law weakened compliance, putting the safety and privacy of our public servants at risk. This legislation will eliminate the loopholes and reaffirm the law’s original intent—to protect those who serve our communities, ensure that responsible businesses are treated fairly, and bad actors are held accountable.”
Among other changes, the proposed legislation would:
- Create an online portal to streamline the verification and authentication process to make it easier for covered persons to register and businesses to comply with the law;
- Eliminate loopholes that allow companies to manipulate the law;
- Reestablish the role of the state Office of Information Privacy (OIP), which was eliminated by the 2023 amendments, to serve as an independent clearing house;
- Restore judicial discretion in awarding of damages for those who willfully fail to comply with Daniel’s Law; and
- Extend protections to legislators and municipal court administrators.
The Protect Daniel’s Law Act is currently under consideration by the Senate Judiciary Committee. If the Third Circuit determines that Daniel’s Law is indeed unconstitutional, the Daniel’s Law legislation will likely become moot. However, the changes could be incorporated into a new version of Daniel’s Law that complies with the court’s ruling.
