New Jersey § 2a:58d-2

§ 2a:58d-2.

a. As used in this section: “ Disclose ” means to sell, manufacture, give, provide, lend, trade, mail, deliver, transfer,

publish, distribute, circulate, disseminate, present, exhibit, advertise, or offer. “ First responder ” means a law enforcement officer, paid or volunteer firefighter, paid or volunteer

member of a duly incorporated first aid, emergency, ambulance, or rescue squad association,

or any other individual who, in the course of his employment, is dispatched to the

scene of a motor vehicle accident or other emergency situation for the purpose of

providing medical care or other assistance. b. A first responder who is dispatched to or is otherwise present at the scene of

a motor vehicle accident or other emergency situation, for the purpose of providing

medical care or other assistance, shall not photograph, film, videotape, record, or

otherwise reproduce in any manner, the image of a person being provided medical care

or other assistance, except in accordance with applicable rules, regulations, or operating

procedures of the agency employing the first responder. c. A first responder shall not disclose any photograph, film, videotape, record, or

other reproduction of the image of a person being provided medical care or other assistance

at the scene of a motor vehicle accident or other emergency situation without the

prior written consent of the person, or the person's next-of-kin if the person cannot

provide consent, unless that disclosure was for a legitimate law enforcement, public

safety, health care, or insurance purpose or pursuant to a court order. d. A person who knowingly violates the provisions of subsection c. of this section

shall be guilty of a disorderly persons offense. e. In addition to any other right of action or recovery otherwise available under

the laws of this State, a first responder who knowingly violates the provisions of

subsection b. or c. of this section shall be liable to the person whose image was

taken or disclosed, who may bring a civil action in the Superior Court. The court may award: (1) actual damages, but not less than liquidated damages computed at the rate of $1,000

for each violation of this act; (2) punitive damages upon proof of willful or reckless disregard of the law; (3) reasonable attorney's fees and other litigation costs reasonably incurred; and (4) such other preliminary and equitable relief as the court determines to be appropriate.