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ARTICLE · 02 NOVEMBER 2005

Employer Alert: Identity Theft Issues Enter the Workplace

Acting Governor Richard J. Codey signed into law the New Jersey Identity Theft Prevention Act ("Act") on September 22, 2005.

United StatesEmployment and HR
David Cassidy
David Cassidy
Kenneth Rashbaum
Kenneth Rashbaum

New requirements effective January 1, 2006

Acting Governor Richard J. Codey signed into law the New Jersey Identity Theft Prevention Act ("Act") on September 22, 2005. The Act, which takes effect on January 1, 2006, amends and supplements the New Jersey Fair Credit Reporting Act to affirmatively obligate New Jersey businesses to safeguard against identity theft. According to Codey, it is one of the most expansive identity theft laws in the United States. The Act provides for civil remedies, including the payment of fines, actual damages, attorneys fees, costs and injunctive relief for violations of the law.

As of January 1, 2006, all New Jersey businesses will be required to take steps to protect personal information relating to any individual, including customers and employees. The Act broadly defines "personal information" to include any information that identifies, relates to, describes or is capable of being associated with an individual — including, but not limited to, the

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