Gill-Sponsored 'Reader Privacy Act' Gets Final Approval

The legislation sponsored by Sen. Nia H. Gill was approved by the full Senate on September 22. It now heads to the desk of the governor.

“Library records have historically been protected from disclosure. Unfortunately, the state’s reader privacy laws do not extend to records of books purchased at a bookstore or on online sites, where information about readers’ habits are far more easily tracked,” said Sen. Gill (D-Essex/Passaic). “As more residents are embracing technology as their preferred reading method and new technologies are being developed, we need to ensure that our privacy laws reflect the times. By extending our reader privacy laws to include modern technologies, we will better protect the privacy of consumers.”

The major companies in e-book publishing can easily track how far readers are getting in books, how long they spend reading them and which search terms they use to find books. Book apps for tablets like the iPad, Kindle Fire and Nook record how many times readers open the app and how much time they spend reading. Retailers and some publishers are beginning to sift through the data, gaining unprecedented insight into how people engage with books.

Under current state law, library records which contain the names or other personally identifying details regarding the users of libraries are confidential and protected from disclosure except in certain circumstances.

The Reader Privacy Act, S-967, would extend similar protections to the readers and purchasers of books and e-books. Under the legislation, the provider of a book service would be prohibited from disclosing the personal information of a user unless there is a court order, the book service user has provided informed consent, or in the interest of public safety under certain circumstances. The bill is similar to a law instituted in California in 2012.

“Residents should be free to purchase books on any subject, whether it be online or at their local bookstore, without fear of intrusion by the government or anyone else,” said Senator Gill. “Modernizing our laws will ensure that books that consumers search for or read on their iPad or Kindle are not subject to searches by law enforcement or the government without an appropriate court order.”

The Senate approved the bill by a vote of 32-2. The Assembly approved it in May by a vote of 62-16.