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Bill > S3182
NJ S3182
NJ S3182Prohibits use of biometric surveillance system by business entity under certain circumstances.
summary
Introduced
05/09/2024
05/09/2024
In Committee
05/09/2024
05/09/2024
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill prohibits the use of a biometric surveillance system on a consumer under certain circumstances. Under the bill, a business entity is prohibited from using a biometric surveillance system on a consumer at the physical premises of the business entity, unless: (1) the business entity provides clear and conspicuous notice to the consumer regarding its use of a biometric surveillance system; and (2) the biometric surveillance system is used for a lawful purpose. The business entity may satisfy the notice requirement by posting a sign in a conspicuous location at the perimeter of any area where a biometric surveillance system is being used. However, under the bill, if a business entity uses information obtained through a biometric surveillance system to deny a consumer access to its premises or to remove a consumer from its premises, the business entity is required to provide the consumer with a detailed explanation regarding its actions and the criteria used by the business entity in making its determination. The bill provides that a business entity will not be liable for a first violation if, within thirty days, the business entity demonstrates compliance with the provisions of this section. In addition, the bill prohibits a business entity from selling, leasing, trading, sharing, or otherwise profiting from information obtained through the business entity's use of a biometric surveillance system on a consumer. A violation of the bill's provisions is an unlawful practice under the consumer fraud act, punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, violations may result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.
AI Summary
This bill prohibits businesses from using biometric surveillance systems, which are defined as software that performs facial recognition or other remote biometric recognition, on consumers at their physical locations unless two conditions are met: the business clearly and conspicuously notifies consumers about the system's use, potentially by posting a sign, and the system is used for a lawful purpose. If a business uses information from such a system to deny a consumer entry or remove them, they must provide a detailed explanation of their actions and the criteria used. For a first violation, a business can avoid penalties if they demonstrate compliance within 30 days. Furthermore, businesses are forbidden from selling, leasing, trading, sharing, or otherwise profiting from any information gathered through these systems. Violations are considered unlawful practices under the consumer fraud act, carrying penalties of up to $10,000 for a first offense and $20,000 for subsequent offenses, and may also lead to cease and desist orders, punitive damages, and treble damages for the injured party.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 05/09/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S3182 |
| BillText | https://pub.njleg.gov/Bills/2026/S3500/3182_I1.HTM |
| BillText | https://pub.njleg.gov/Bills/2024/S3500/3182_I1.HTM |
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