NJ Supreme Court Rules Daniel’s Law Requires No Mental State for Actual Damages
The New Jersey Supreme Court ruled unanimously 5-0 that Daniel’s Law, the state’s privacy statute protecting public officials, does not include a mental state requirement to establish liability for actual damages.
The decision, issued in response to a certified question from the U.S. Court of Appeals for the Third Circuit, establishes that individuals or business entities can be held strictly liable for actual damages under the law.
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Under this interpretation, a plaintiff suing for actual damages under Daniel’s Law does not need to prove that the defendant acted with knowledge, negligence, recklessness, or intent when disclosing protected personal information.
