Bill > A1488

Introduced Session

This bill prohibits the collection of biometric identifier information by public or private entities of this State under certain circumstances. Under the bill, any public or private entity of this State is prohibited from collecting, retaining, converting, storing, or sharing any biometric identifier information unless the public or private entity posts clear and conspicuous notice, written in plain language, at every common entryway regarding its use of a biometric surveillance system. The bill defines "biometric surveillance system" to mean any computer system or software that collects biometric identifier information using various methods, including but not limited, to facial, iris, retina, voice, fingerprint, or palm recognition technologies; and "biometric identifier information" to mean any data collected through a biometric surveillance system that assists in identifying a person or capturing information about a person based on the person's unique physical characteristics or traits. Any public or private entity of this State that violates the provisions of this bill would be liable to a civil administrative penalty of $5,000 for a first offense and $10,000 for any second or subsequent violation. In addition, any pattern of violations of the bill's provisions would constitute a fourth-degree crime. Under the bill, a pattern of violations would be established when a public or private entity is found to have committed five or more violations of the provisions of this bill, provided that each violation occurs on a separate day within the same thirty-day period. A subsequent violation of the bill's provisions committed by a public or private entity after being previously convicted of a fourth-degree crime would be a third-degree crime. A fourth-degree crime is punishable by a fine of up to $10,000, a term of imprisonment of up to 18 months, or both. A crime of the third degree is punishable by a fine of up to $15,000, a term of imprisonment of three to five years, or both.

Committee Categories

Robert Karabinchak (D)*,  Yvonne Lopez (D)*, 

Introduced, Referred to Assembly Consumer Affairs Committee (on 01/09/2024)

Official Document