52:18A-234.6 Agency to not warrant fitness of information, immunity from liability.
6. An agency shall not warrant the fitness for any particular purpose of any open data or datasets presented on the open data website , nor shall an agency providing open data or a dataset on the open data website be liable for any deficiencies in its completeness or accuracy, except when the agency's conduct would constitute gross negligence, willful and wanton misconduct, or intentional misconduct.
Each agency, pursuant to standards and policies established by the Chief Data Officer with the cooperation of the State Treasurer, shall verify the accuracy of the open data and datasets it makes available to the public on the open data website and, if possible, correct any errors or inaccuracies discovered by the agency providing the open data or dataset, other agencies, or the public.
Nothing in this section shall require an agency to make its open data and datasets available to the public on the open data website upon the demand of the public. Requests for open data or datasets not posted on the open data website are subject to potential disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act.
Unless contrary to specific policies or rules established by the Chief Data Officer, agencies shall not require a user of an open data website to register or provide any user information as a condition to obtaining the open data or datasets provided by the agency on the open data website.
Notwithstanding any rule, regulation or statute to the contrary, agencies shall be actively encouraged by the Chief Data Officer and the State Treasurer to share open data and datasets with each other without formal agreements, provided that no existing laws regarding the security of personal, private, and confidential information are violated. The sharing of personal, private, or confidential data shall be permitted only when in conformity with restrictions, established by the Chief Data Officer in cooperation with the Attorney General, to ensure that the data is used in a manner that is secure and in conformity with State law.
L.2017, c.2, s.6.
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