Law / United States / 
New Jersey
Institutions of higher education may not require access to a student's or applicant's personal accounts
Personal accounts of students and applicants, N.J.S.A. 18A:3-29 to 18A:3-32 (P.L.2012, c.75)
In force since .
A sensitive categories rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Prohibition
What it requires
- If you are a public or private institution of higher education in New Jersey, or its employee, agent, representative or designee, do not require a student or applicant to provide or disclose a user name or password, or otherwise give access to a personal account or service through an electronic communications device (N.J.S.A. 18A:3-30(a)).
- Do not inquire in any way whether a student or applicant has an account or profile on a social networking website (N.J.S.A. 18A:3-30(b)).
- Do not bar a student or applicant from activities you sanction, or otherwise discriminate or retaliate, because the student or applicant refused to provide or disclose a user name, password or other means of access to a personal account or service (N.J.S.A. 18A:3-30(c)).
- Do not require a student or applicant to waive or limit any protection under the act (N.J.S.A. 18A:3-31).
These lines are LexLint's reading of the law's text.
What this law does
No public or private institution of higher education in New Jersey may require a student or applicant to provide or disclose any user name or password, or in any way provide access to, a personal account or service through an electronic communications device. No such institution may in any way inquire as to whether a student or applicant has an account or profile on a social networking website.
No such institution may prohibit a student or applicant from participating in activities it sanctions, or otherwise discriminate or retaliate against a student or applicant, for refusing to provide or disclose a user name, password or other means of accessing a personal account or service. A public or private institution of higher education includes any employee, agent, representative or designee of the institution.
An institution may not require a student or applicant to waive or limit any protection the act grants, and an agreement to waive one is against public policy, void and unenforceable. An aggrieved person may bring a civil action within one year of the alleged violation, and the court may award injunctive relief, compensatory and consequential damages, and reasonable attorneys' fees and court costs. The act took effect immediately on its approval on .
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