Bill

Bill > A3929


NJ A3929

NJ A3929
Prohibits use of biometric surveillance system by business entity under certain circumstances.


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 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 they provide clear and conspicuous notice, such as a posted sign, and use the system 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. While a first violation can be excused if the business complies within 30 days, businesses are also forbidden from selling, leasing, trading, sharing, or otherwise profiting from any data collected 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, along with potential cease and desist orders, punitive damages, and treble damages for injured parties.

Committee Categories

Business and Industry

Sponsors (5)

Last Action

Introduced, Referred to Assembly Consumer Affairs Committee (on 01/13/2026)

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