§1 - C.2A:58D-2
An Act concerning invasion of privacy and supplementing Title 2A of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Disclose” means to sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, or offer.
“First responder” means a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of his employment, is dispatched to the scene of a motor vehicle accident or other emergency situation for the purpose of providing medical care or other assistance.
b. A first responder who is dispatched to or is otherwise present at the scene of a motor vehicle accident or other emergency situation, for the purpose of providing medical care or other assistance, shall not photograph, film, videotape, record, or otherwise reproduce in any manner, the image of a person being provided medical care or other assistance, except in accordance with applicable rules, regulations, or operating procedures of the agency employing the first responder.
c. A first responder shall not disclose any photograph, film, videotape, record, or other reproduction of the image of a person being provided medical care or other assistance at the scene of a motor vehicle accident or other emergency situation without the prior written consent of the person, or the person’s next-of-kin if the person cannot provide consent, unless that disclosure was for a legitimate law enforcement, public safety, health care, or insurance purpose or pursuant to a court order.
d. A person who knowingly violates the provisions of subsection c. of this section shall be guilty of a disorderly persons offense.
e. In addition to any other right of action or recovery otherwise available under the laws of this State, a first responder who knowingly violates the provisions of subsections b. or c. of this section shall be liable to the person whose image was taken or disclosed, who may bring a civil action in the Superior Court.
The court may award:
(1) actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation of this act;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attorney’s fees and other litigation costs reasonably incurred; and
(4) such other preliminary and equitable relief as the court determines to be appropriate.
2. This act shall take effect immediately.
STATEMENT
The Senate Substitute for Senate Bill No. 199 (1R) prevents first responders from photographing persons whom they are assisting or disclosing photographs of such persons without their consent.
The substitute defines:
“disclose” to mean to sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, or offer; and
“first responder” to mean a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of his employment, is dispatched to the scene of a motor vehicle accident or other emergency situation for the purpose of providing medical care or other assistance.
The substitute prohibits a first responder who is dispatched to or is otherwise present at the scene of a motor vehicle accident or other emergency situation, for the purpose of providing medical care or other assistance, from photographing, filming, videotaping, recording, or otherwise reproducing in any manner, the image of a person being provided medical care or other assistance, except in accordance with applicable rules, regulations, or operating procedures of the agency employing the first responder.
The substitute also prohibits a first responder from disclosing any photograph, film, videotape, record, or other reproduction of the image of a person being provided medical care or other assistance at the scene of a motor vehicle accident or other emergency situation without the prior written consent of the person, or the person’s next-of-kin if the person cannot provide consent, unless that disclosure was for a legitimate law enforcement, public safety, health care, or insurance purpose or pursuant to a court order. A person who knowingly violates this prohibition on disclosure is guilty of a disorderly persons offense, which is punishable by imprisonment for up to six months, a fine of up to $1,000, or both.
The substitute also provides that, in addition to any other right of action or recovery otherwise available under the laws of this State, a first responder who knowingly violates its prohibition on photographing a person who is being provided medical care or other assistance or on disclosing a photograph of that person without the person’s consent is liable to the person whose image was taken or disclosed, who may bring a civil action in the Superior Court.
The court may award:
-- actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation of the bill;
-- punitive damages upon proof of willful or reckless disregard of the law;
-- reasonable attorney’s fees and other litigation costs reasonably incurred; and
-- such other preliminary and equitable relief as the court determines to be appropriate.
This Senate Substitute is identical to the Assembly Committee Substitute for Assembly Bill No.789.
Prohibits first responders from photographing persons being assisted or disclosing photographs of such persons without their consent.