Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Top Five Privacy Issues NJ Businesses Should Monitor in 2014

Author: Scarinci Hollenbeck, LLC

Date: January 30, 2014

Key Contacts

Back

Cyber security, smartphone applications, and social media will likely top the priority list of tech issues that businesses intend to focus on in 2014.  Privacy and data protection remain the undercurrent of those issues. Here are some key issues businesses should be monitoring in the context of those priorities:

  • Cyber security: Target’s high-profile data breach is just one example of the cybersecurity threats faced by businesses of all sizes. Recent studies suggest that cyberattacks against U.S. businesses have increased nearly 50 percent in the past few years. To make sure companies have the proper procedures in place, Congress is currently considering the Personal Data Privacy and Security Act, which includes measures companies must take to protect sensitive customer data as well as methods by which businesses must notify customers when breaches occur.
  • Social media: Employers will continue to face legal concerns regarding the privacy of social media accounts. In New Jersey, a new social media law took effect recently that prohibits employers from requiring applicants and employees to disclose their personal passwords. New Jersey courts are currently addressing other issues, including the ownership of business-related social media accounts and the ability to discipline employees who disparage employers online.
  • Data collection: Thanks to mobile and Internet technology, businesses can collect a wide variety of information about customers, ranging from where they live to what they buy. However, these new tools come with security and privacy risks and legal obligations. The “Internet of Things,” which refers to the interconnectivity of personal devices like your cell phone, television, or thermostat, is also gaining the attention of regulators and lawmakers. Businesses who offer products and services in this industry should be aware that they might soon face additional compliance obligations.
  • FTC regulation: The Federal Trade Commission (FTC), which is tasked with policing unfair or deceptive acts or practices under the Federal Trade Commission Act, has been increasingly turning its enforcement attention to privacy-related issues. Two ongoing lawsuits, including one pending in New Jersey, challenge whether the regulator has exceeded its authority over data security policies and subsequent breaches. However, even if these suits were to  successfully curb the FTC’s reach, Congress may act by passing legislation that explicitly expands the power of the FTC to increase its jurisdiction over data security and privacy.
  • Drones: While Amazon’s plan to use drones to deliver packages likely may be years away from fruition, research on commercial drone use is underway here in New Jersey. Rutgers University and Virginia Polytechnic Institute are partnering to study failure modes and technical risks for drones. In Washington, lawmakers have already expressed concern about using the unmanned aircraft for commercial use. At a recent hearing of the Senate Commerce, Science and Transportation Committee, the task of balancing privacy interests with innovation was the top concern. Businesses should expect additional debate on this issue and, ultimately, federal regulations.

Effective, updated written data security policies and procedures are essential for businesses of all sizes. For additional information, we encourage you to check out our prior Scarinci Hollenbeck Business Law posts and visit companion blog, eWhite House Watch.

If you have any questions about this post or would like to discuss your company’s cybersecurity and data protection strategies, please contact me or the Scarinci Hollenbeck attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!