Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: November 29, 2017
The Firm
201-896-4100 info@sh-law.comThe New Jersey Attorney General’s Office and the State Police published recently the state’s first annual data breach report. It revealed that more than 116,000 New Jersey residents fell victim to 676 data breaches reported in 2016.

“Doing business online and on our devices has become so routine that it’s easy to let our guard down. But as these statistics on data breaches highlight, it’s critical that we protect our sensitive personal information from the many who seek to access it for harmful ends,” Attorney General Christopher Porrino said in a press statement.
In 2015, Gov. Chris Christie established the New Jersey Cybersecurity and Communications Integration Cell (NJCCIC), which serves as the state’s central hub for cybersecurity information sharing, threat analysis, and incident reporting. The goal of the central agency is to reduce New Jersey’s cyber risk and respond to emergent incidents through collaborations between local, state, federal, public, and private sector institutions.
Businesses can subscribe to cyber alerts via the NJCCIC website, as well as report data breaches. Under New Jersey’s Identity Theft Prevention Act, any business that operates in New Jersey or any public entity that compiles or maintains computerized records that include personal information must report a breach of security to the State Police and notify affected individuals who are New Jersey residents and whose personal information was or believed to have been accessed by an unauthorized person.
The Identity Theft Resource Center (ITRC) defines a data breach to include an incident in which an individual name plus a Social Security number, driver’s license number, medical record or financial record (credit/debit cards included) is potentially put at risk because of exposure. This exposure can occur either electronically or in paper format. The ITRC also tracks breaches that do not trigger data breach notification obligations. Generally, non-reportable breaches may consist of exposure of user names, emails and passwords that do not fall within New Jersey’s definition of sensitive personal identifying information. These breach incidents are included by name but without the total number of compromised records included in the cumulative total. Importantly, other states have broader definitions of sensitive personal identifying information, which may include email addresses and passwords that may trigger the obligation to report the breach. Thus, any breach involving personal information of residents of other states requires a careful analysis of each state’s data breach notification laws to ensure compliance.
The NJCCIC currently tracks seven categories of data loss methods:
The NJCCIC also tracks various types of information compromised:
According to the report released, the finance/banking industry saw the most data breaches in 2016. Other business sectors most often involved with breaches were health services, business services, and retail trade. Other industries highlighted included education, restaurant, industrial/manufacturing, hotels, non-profits, non-medical insurance, and telecommunications, among others.
Data loss was most frequently attributed to phishing and hacking. Website malware, employee incident, unauthorized email access and ransomware were also utilized to target New Jersey businesses and residents.
The NJ Attorney General also highlighted legal actions taken in 2017 by the Division of Law and the Division of Consumer Affairs to address data breaches. They included:
The single most important thing you can do to address a cyber breach or threat is contact immediately a team of professionals, led by an experienced lawyer knowledgeable in breach response.
Do you have any feedback, thoughts, reactions or comments concerning this topic? Feel free to leave a comment below for Fernando M. Pinguelo. If you have any questions about this post, please contact me or the Scarinci Hollenbeck attorney with whom you work. To learn more about data privacy and security, visit eWhiteHouse Watch – Where Technology, Politics, and Privacy Collide (http://ewhwblog.com).
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
Author: Dan Brecher

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!