New Jersey Enacts Data Privacy & Employee Monitoring Transparency Rules – Effective January 15, 2025
Starting January 15, 2025, New Jersey employers will be required to comply with a new layer of transparency under the New Jersey Data Protection Act (NJDPA). This legislation brings the Garden State in line with a growing national and global focus on data privacy, especially in the workplace.
Under the NJDPA, employers must formally disclose to employees if their personal data is being collected, used, shared, or monitored. This includes:
- What types of data are being collected (e.g., location tracking, keystroke monitoring, email usage, biometric data)
- How the data is being used and who has access
- How long the data is stored
- Whether employees have a right to opt out or request access/deletion
Employers are also required to provide this information in plain language through updated privacy notices, onboarding documents, or internal communications. Failure to comply could result in legal penalties and reputational risks.
As technology continues to transform the modern workplace, this new requirement reinforces the importance of transparency, consent, and trust between employers and employees.
HR and compliance leaders should begin reviewing current monitoring practices, data policies, and employee handbooks to ensure alignment with NJDPA before the January deadline.
Here is the direct reference to the New Jersey statute for the Data Protection Act (NJDPA):
- New Jersey Data Protection Act (NJDPA)
N.J. Stat. § 56:8‑166.4 et seq., effective January 15, 2025 employmentlit.com+10Ogletree+10National Law Review+10National Law Review
And here are official sources with details and resources:
- Division of Consumer Affairs – NJ Data Privacy FAQs — outlines definitions, consumer rights, and obligations under the NJDPA Epstein Becker Green+8Ogletree+8National Law Review+8
- WilmerHale Insight — currently proposing new rules under the NJDPA to fine-tune compliance requirements; comment period ends August 1, 2025 Cyber NJ+7WilmerHale+7Koley Jessen+7
You can refer directly to N.J. Stat. § 56:8‑166.4 et seq. for the full legal text—this is the official bill passed by the legislature and signed into law. Let me know if you'd like a copy of the statute or a breakdown of specific sections.