Law / United States / New Jersey

Identity Theft Prevention Act, methods of destruction of customer records

N.J. Stat. Ann. § 56:8-162 (L. 2005, c.226, s.11)

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force since 1 January 2006.

A security baseline statutes rule binding public and private bodies.

As of 14 September 2026.

What it requires

  • This binds any business or public entity holding a customer's records containing personal information within its custody or control, whether or not the entity is otherwise subject to the New Jersey Data Privacy Act.
  • Destroy, or arrange for the destruction of, a customer's records containing personal information once they are no longer retained, by shredding, erasing, or otherwise modifying the personal information to make it unreadable, undecipherable, or non-reconstructable through generally available means.
  • A willful, knowing, or reckless violation is deemed an unlawful practice under the Consumer Fraud Act, enforceable by the Attorney General and, separately, by an affected consumer through the Consumer Fraud Act's private right of action for an ascertainable loss.

If you get it wrong

Criminal exposureNo

Private right of actionYes

Who enforces it

Enforcement body

New Jersey Attorney General and Division of Consumer Affairs, through the Consumer Fraud Act's civil-penalty and injunctive process; a violation is also actionable by an affected consumer under the Consumer Fraud Act's private right of action.

What it reaches

Obligation class

Security

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

A business or public entity must destroy, or arrange for the destruction of, a customer's records within its custody or control containing personal information, once the records are no longer retained, by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable, undecipherable, or non-reconstructable through generally available means.

A willful, knowing, or reckless violation is deemed an unlawful practice and a violation of the Consumer Fraud Act, enforceable by the Attorney General for a civil penalty and injunctive relief, and actionable by a consumer for an ascertainable loss under the Consumer Fraud Act's private right of action, trebled with reasonable attorney's fees.

When LexLint raises it

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  • deploys_chatbot
  • automated_outreach
  • high_risk_decisions
  • processes_voice
  • processes_biometrics
  • serves_minors
  • operates_social_platform
  • ships_mobile_app
  • distributes_software_product

Read the law

Official session law text, L. 2005, c.226, New Jersey Legislature

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