The Public Safety Information Protection Coalition (PSIPC), a group of civic-minded businesses, has expressed concern over recent amendments to New Jersey’s Daniel’s Law. These changes, they argue, expose businesses to predatory lawsuits and fail to enhance the safety of public servants as intended.
Daniel’s Law was initially enacted in 2020 following the tragic murder of U.S. District Court Judge Esther Salas’ son, Daniel Anderl. The law aimed to protect judges, law enforcement officers, and other public officials by allowing them to request the removal of their home addresses and phone numbers from online platforms.
According to PSIPC, amendments made in 2023 have complicated compliance for businesses while failing to protect public safety officials effectively. These changes allow covered individuals to assign their rights to third parties and include businesses that merely possess covered information rather than those disclosing it publicly. Additionally, the role of the New Jersey Office of Information Privacy in verifying identities has been removed, and mandatory damages for violations are imposed regardless of a company’s good faith efforts.
Atlas Data Privacy Corporation played a significant role in advocating for these amendments. Since then, Atlas has filed hundreds of lawsuits against various businesses seeking over $3.1 billion in damages for alleged noncompliance.
John Molinelli, PSIPC spokesperson and former Bergen County prosecutor who is also protected under Daniel's Law, stated: “The 2023 amendments were promoted as a way to strengthen protection... but the opposite occurred.” He emphasized that businesses face challenges in verifying nondisclosure requests due to insufficient information requirements under the amended law.
Molinelli added that companies are incurring costs by creating new processes and hiring staff for compliance but still risk penalties and lawsuits despite their best efforts. This situation threatens New Jersey's economy as some businesses consider leaving or shutting down operations in the state.
Atlas reportedly inundated businesses with numerous nondisclosure requests after collecting assigned rights from many covered individuals over several months. When companies struggled to comply within ten days due to verification difficulties, Atlas pursued legal action seeking billions in damages.
Molinelli criticized this approach: “It became a self-fulfilling prophecy that Atlas engineered... so they could reap profits from predatory lawsuits.”
PSIPC has launched www.RestoreDanielsLaw.com to highlight issues arising from these amendments and advocate for legislative reform restoring Daniel’s Law's original intent.
“Daniel’s Law serves a noble purpose,” said Molinelli. “PSIPC is dedicated to fixing the law so that it can better protect public safety.”
He warned that flaws identified by a federal judge could lead courts to strike down Daniel's Law if not addressed promptly through legislation providing uniformity and certainty.
Businesses must remain vigilant about this issue while taking steps toward safeguarding themselves until legislative solutions emerge.
