Rutgers Law

New Jersey Statutes, Title: 56, TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES

    Chapter 8:

NOTE: This section is repealed by L.2021 c.371, effective 2021-12-10

      Section: 56:8-166.2: Request to remove certain information.

          7. a. (1) Any active, formerly active, or retired judicial officer, as defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), or prosecutor, whose home address or unpublished telephone number is disclosed on the Internet, or re-disclosed or otherwise made available, by any person, business, or association, or whose immediate family member's name, home address, or unpublished telephone number is disclosed on the Internet, or re-disclosed or otherwise made available, by any person, business, or association, which in the case of a family member's name or home address may be used, alone or in conjunction with any other information, to identify the person as the family member of a judicial officer or prosecutor, may request that the person, business, or association that disclosed, re-disclosed, or otherwise made available that information refrain from that action and remove the information from the Internet or where otherwise made available.

(2) Beginning 18 months after the enactment of P.L.2020, c.125 (C.56:8-166.2 et al.), any law enforcement officer whose home address or unpublished home telephone number is disclosed on the Internet, or re-disclosed or otherwise made available, by any person, business, or association, or whose immediate family member's name, home address, or unpublished telephone number is disclosed on the Internet, or re-disclosed or otherwise made available, by any person, business, or association, which in the case of a family member's name or home address may be used, alone or in conjunction with any other information, to identify the person as the family member of a law enforcement officer, may request that the person, business, or association that disclosed, re-disclosed, or otherwise made available that information refrain from that action and remove the information from the Internet or where otherwise made available.

For purposes of this section, "immediate family member" shall include a spouse, child, or parent of an active, formerly active, or retired judicial officer, as defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), prosecutor, or law enforcement officer, or any other family member related by blood or by law to the judicial officer, prosecutor, or law enforcement officer who lives in the same residence.

b. (1) A request to refrain and remove information pursuant to subsection a. of this section shall be made in writing, addressed to the person, business, or association that disclosed, re-disclosed, or otherwise made available the information, and may be made by the judicial officer, as defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), prosecutor, or law enforcement officer, as appropriate, or by the person's employer with the consent of that person.

(2) Upon receipt of a written request to refrain and remove information, the person, business, or association that disclosed, re-disclosed, or otherwise made available the information shall have 72 hours to remove that information from the Internet or where otherwise made available, and shall not disclose, re-disclose, or otherwise make available that information to any other person, business, or association through any medium.

c. An active, formerly active, or retired judicial officer, prosecutor, or law enforcement officer whose own information, or immediate family member's information, was not timely removed from the Internet or where otherwise made available within 72 hours by a person, business, or association following receipt of a written request to refrain and remove that information, or the person, business, or association re-discloses on the Internet or otherwise makes available the same information at any time subsequent to receipt of the written request, may bring an action seeking injunctive or declaratory relief in the Superior Court. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay reasonable attorney's fees and other litigation costs reasonably incurred by the judicial officer, prosecutor, or law enforcement officer, as appropriate.

L.2020, c.125, s.7; amended 2021, c.24, s.6.

This section added to the Rutgers Database: 2021-03-19 15:40:04.

Older versions of 56:8-166.2 (if available):

Court decisions that cite this statute: CLICK HERE.