TRENTON, N.J. — A dispute is escalating in Trenton after Assemblyman Brian Bergen accused Attorney General Jennifer Davenport and Gov. Mikie Sherrill’s administration of unlawfully refusing to enforce a newly enacted data broker law just days after it was signed.
The controversy centers on A-5328, legislation signed into law on June 30 that creates one of the nation’s strictest regulatory frameworks for data brokers. Within days, the state announced it would delay enforcement of major portions of the law while lawmakers consider technical changes.
Bergen, a Republican representing New Jersey’s 26th Legislative District, argues the executive branch lacks the constitutional authority to suspend enforcement of a law simply because concerns emerged after it was enacted.
“The Constitution doesn’t contain an asterisk reading, ‘Unless the governor signs a bad bill and would prefer that she didn’t,'” Bergen wrote in a five-page letter to Attorney General Davenport.
Bergen says executive branch cannot suspend state law
In the letter, Bergen argues that neither the Governor’s Office nor the Attorney General has authority to selectively suspend statutes enacted by the Legislature absent a court order or legislative action.
“Enforce the law, Attorney General, or tell the governor to call us back and change it,” Bergen said in a video discussing the letter. “Those are the two doors. There’s not a third one marked because I said so.”
He also criticized the administration’s timing, noting the Legislature passed the bill and the governor signed it before concerns surfaced.
“For 10 days, this law sat on the books doing violence to New Jersey employers,” Bergen said. “Nobody in the front office lost a minute of sleep over that.”
Bergen further alleged the administration only acted after political consultants warned the law could affect campaign operations.
“Within hours, the administration greenlit non-enforcement,” Bergen said. “Within hours after that, Democrats were on a conference call with county chairs and campaign managers reassuring them the voter database would keep humming without interruption.”
Administration says law contains issues requiring clarification
The Sherrill administration has offered a different explanation.
According to a senior administration official quoted by the New Jersey Globe, the state determined that portions of the law contain defects requiring legislative correction before enforcement proceeds.
- Assemblyman Brian Bergen says New Jersey cannot legally suspend enforcement of a law after it has been signed.
- The Sherrill administration says technical issues with the new data broker law require legislative fixes and additional guidance.
- The dispute centers on whether the executive branch may delay enforcement while lawmakers consider amendments.
The Office of Consumer Protection announced it will launch the required registry in spring 2027.
“Until then, covered data brokers and data collectors will not be required to register under the law or to pay any registration fees,” the agency said in an official alert.
State officials also said additional guidance will be issued regarding provisions restricting the sale or licensing of sensitive consumer data.
“We understand that there may be questions about the contours of the new law,” the Consumer Protection office stated. “DCA intends to issue additional guidance in the coming months.”
Political campaigns raised concerns over voter databases
One of the issues drawing attention involves political campaign data.
The law broadly regulates data brokers but did not expressly exempt political campaigns or vendors that maintain voter-targeting databases used by Democratic and Republican candidates, political parties, and advocacy organizations.
According to the New Jersey Globe, campaign consultants warned the law could disrupt access to voter data relied upon during elections. Administration officials subsequently announced they would pause implementation of portions of the law while seeking legislative fixes.
Bergen argues those concerns should have been addressed through the legislative process rather than executive action.
“We don’t do crowns here,” Bergen said in his video. “We were founded on that. And certainly no queens.”
The administration has not publicly responded to Bergen’s constitutional arguments beyond explaining that implementation guidance and legislative corrections are needed.
FAQ
- What is A-5328?
A New Jersey law regulating data brokers and the collection and sale of sensitive consumer information. - Why is the law controversial?
Political campaigns and consultants raised concerns that it could unintentionally affect voter-targeting databases used during elections. - What did the state announce?
The Office of Consumer Protection said registration requirements and fees will not be enforced until a registry launches in spring 2027 while additional guidance is developed. - What is Assemblyman Bergen arguing?
He contends the executive branch lacks constitutional authority to suspend enforcement of a duly enacted law without legislative action or a court order. - Has the administration responded?
State officials have said implementation requires clarification and legislative corrections but have not publicly addressed Bergen’s constitutional claims in detail.
Sources: Letter from Assemblyman Brian Bergen to Attorney General Jennifer Davenport; New Jersey Office of Consumer Protection alert; public statements by Assemblyman Brian Bergen; Governor Mikie Sherrill, NJ GOP
