Protecting Privacy By Margie Donlon and Luanne Peterpaul

Assemblywomen Luanne Peterpaul and Margie Donjon

The Center on Privacy & Technology at Georgetown Law School issued a report that contained some startling revelations. ICE has built its digital surveillance arsenal by accessing datasets containing detailed personal records on the vast majority of people, including American citizens, in the United States, often without any judicial, legislative, or public oversight. A few examples: ICE has access to the driver’s license data of 3 in 4 adults and could locate 3 in 4 adults through their utility records. In Minnesota, ICE agents killed two American citizens, Alex Pretti and Renee Good, in broad daylight, in shootings that have been ruled homicides.

Here in Monmouth County, there is video of ICE detaining and arresting individuals while children in Ocean Township waited for their school bus. The videos were taken by those children. In Asbury Park, a restaurant owner reported to us that one of his employees, a legal US resident, was physically assaulted by ICE agents. We regularly receive calls at our legislative office from residents and reports from local officials that ICE is questioning individuals simply because of the color of their skin or because they have an accent. The lack of transparency from ICE means that there is no accurate record of how many individuals have been taken from our Monmouth County workplaces, communities, and homes.

It’s gratifying to report that legislation we supported establishing the “Privacy Protection Act” was signed into law last month. Under the bill, government entities and healthcare facilities are prohibited from requesting or collecting information from an individual relating to a person’s immigration status, citizenship status, place of birth, social security number, and individual taxpayer identification. An exception is when it is necessary for a requested public service, benefit, program, professional qualification, or licensure. The bill also provides an exception when this information is necessary to ensure the safe and appropriate delivery of health care services.

We have introduced legislation this year to secure protections for patients and medical professionals in legally protected healthcare activities in response to a surge in violent incidents and threats made to healthcare facilities providing gender-affirming health care in New Jersey, including one report of 23 incidents and threats.

New Jersey has long been a state that supports and provides protections for the reproductive freedoms and healthcare choices of its citizens, including the right to make the choice of whether to start or expand a family through in vitro fertilization (IVF). This bill seeks to codify critical protections to those seeking and providing reproductive and gender-affirming health care. This act would protect medical professionals who are delivering health care from malicious malpractice suits.

We’ve also sponsored legislation introduced this year to require affirmative written consent for certain entities to disclose an individual’s medical information regarding reproductive health care services, with limited exceptions, unless disclosure is necessary to provide those services. This bill requires healthcare professionals, business associates of a covered entity, and carriers to receive affirmative written consent in order to disclose a patient’s or covered person’s medical information regarding reproductive health care services unless disclosure is necessary to provide those services.

We believe in the Constitution and rule of law. We are concerned that threats to healthcare access and privacy for some is a threat to all. We will continue to fight to ensure that all residents have access to the health care they need and that they can enjoy the personal freedoms for which America has always proudly stood.