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Bill > S3268
NJ S3268
NJ S3268Prohibits use of facial recognition technology on consumer except for legitimate safety purpose.
summary
Introduced
02/02/2026
02/02/2026
In Committee
02/02/2026
02/02/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
The bill prohibits a person selling or offering for sale goods or services at retail or any place of public accommodation from using any biometric surveillance system on a consumer, except if used for a legitimate safety purpose. The bill defines "biometric surveillance system" to mean any computer software that performs facial recognition or other remote biometric recognition. In addition, the bill defines "facial recognition" as an automated or semi-automated process that assists in identifying a person or capturing information about a person based on the physical characteristics of the person's face, or that logs characteristics of a person's face, head, or body to infer emotion, associations, activities, or location of the person. The bill defines "legitimate safety purpose" as any purpose reasonably likely to reduce the risk to life or safety of any person. Finally, the bill defines "place of public accommodation" as any place open to the public offering for sale goods or services to a consumer, and shall include, but not be limited to, an entertainment or sports venue. 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 that sell goods or services to the public, including places like stores and entertainment venues, from using "biometric surveillance systems" on consumers, which refers to any computer software that can perform facial recognition or similar remote identification based on physical characteristics. This technology is defined as an automated process that identifies individuals or gathers information about them, including inferring emotions, associations, activities, or location. The only exception to this prohibition is when the technology is used for a "legitimate safety purpose," meaning it's reasonably likely to reduce the risk to someone's life or safety. Violating these provisions is considered an unlawful practice under consumer fraud laws, 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
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 02/02/2026)
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/2026/S3268 |
| BillText | https://pub.njleg.gov/Bills/2026/S3500/3268_I1.HTM |
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