• by Ray Schultz , Columnist, 6 hours ago

Publishers may soon face a compliance issue that is not of their own making. 

The State of New Jersey has proposed privacy rules that would “restrain or abridge the liberty of speech or of the press,” in violation of the state constitution, according to a letter sent by the New Jersey Press Association and the News/Media Alliance to the New Jersey Division of Consumer Affairs. 

One proposed change would prohibit publishers from using “outputs (either data or resulting research) from internal research to develop, improve, or repair products, services, or technology to train ‘artificial intelligence’ (‘AI’), unless the consumer has affirmatively consented to such use,” the letter says. 

In effect, this would create a new “’opt-in’ consent requirement for using lawfully-collected personal data, while hampering AI use, the letter states. 

Another new requirement would force controllers at publishing firms to “conduct an annual assessment of biometric identifiers, and non-biometric data such as photographs, and audio or video recordings to determine if they are still ‘necessary’ for the specific processing purposes.”

This rule, as it pertains to photographs and audio/video recordings, “should not apply to newspapers and other newsgathering publications that publish fact-checked information of interest to New Jersey residents,” the letter continues. 

Another new requirement is that controllers “conduct an annual assessment of biometric identifiers, and non-biometric data such as photographs, and audio or video recordings to determine if they are still ‘necessary’ for the specific processing purposes.”

This rule, as it pertains to photographs and audio/video recordings, “should not apply to newspapers and other newsgathering publications that publish fact-checked information of interest to New Jersey residents,” the letter continues. 

Another burden would harm publishers’ ability to “engage in the practice of targeted advertising, which generates revenue necessary for publishers to continue to create fact-checked content available to New Jersey residents at low cost or sometimes no cost.”

These restrictions “impermissibly go beyond the scope of the Act and will require publishers to expend precious time and resources on additional disclosures and internal assessments that will not provide consumers with any appreciable privacy benefits,”  the letter continues.

The proposed regulations will be “deeply harmful to New Jersey readers who deserve access to affordable, high-quality journalism,” the letter concludes. 

Yes they would be. Publishers do not violate consumers’ privacy in the same way that marketers and database companies do. 

Moreover, these overly restrictive rules “will constrain the press and will exacerbate the developing news deserts across the state. The burden of compliance will disproportionately affect smaller and local news outlets, who may lack the technical and legal resources to comply,” the groups contend. 

The letter, to Elizabeth M. Harris, acting director of the New Jersey Division of Consumer Affairs, was signed by Thomas J. Cafferty, general counsel of the New Jersey Press Association, and Emily Emery, vice president government affairs for the News/Media Alliance.