WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
As used in this section: "Biometric surveillance systemBiometric surveillance system"Biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition.Section 1" means any computer software that performs facial recognitionFacial recognition"Facial recognition" means 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.Section 1 or other remote biometric recognition. "Business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction. "Facial recognitionFacial recognition"Facial recognition" means 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.Section 1" means 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.
Section 1 establishes the bill's key defined terms. Biometric surveillance system is defined broadly to include any computer software performing facial recognition or other remote biometric recognition. Facial recognition is defined expansively to cover not only identification but also emotion inference, association logging, and location tracking based on face, head, or body characteristics. Business entity encompasses virtually all commercial legal forms.
(a)–(b) 1 a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1 to use any biometric surveillance systemBiometric surveillance system"Biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition.Section 1 on a consumer at the physical premises of the business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1, except as provided in subsection c. of this section. b. A business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1 may use a biometric surveillance systemBiometric surveillance system"Biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition.Section 1 on a consumer at the physical premises of the business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1, if: (1) the business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1 provides clear and conspicuous notice to the consumer regarding its use of a biometric surveillance systemBiometric surveillance system"Biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition.Section 1; and (2) the biometric surveillance systemBiometric surveillance system"Biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition.Section 1 is used for a lawful purpose. The business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1 may satisfy the notice requirement of paragraph (1) of this section by posting a sign in a conspicuous location at the perimeter of any area where a biometric surveillance systemBiometric surveillance system"Biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition.Section 1 is being used.
(c) 2 c. If a business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1 uses information obtained through a biometric surveillance systemBiometric surveillance system"Biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition.Section 1 to deny a consumer access to its premises or to remove a consumer from its premises, the business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1 shall provide the consumer with a detailed explanation regarding its actions and the criteria used by the business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1 in making its determination.
(d) d. Upon being informed of a first violation, a business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1 shall comply with the provisions of this act within 30 days. Upon demonstrating compliance, any penalty provided pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) shall be waived.
(e) e. In accordance with the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Consumer Affairs may promulgate rules and regulations to effectuate the provisions of this section.
Section 2 is the bill's core regulatory provision. It establishes a general prohibition on the use of biometric surveillance systems on consumers at a business entity's physical premises, then provides a conditional exception: use is permitted if the business provides clear and conspicuous notice and the system is used for a lawful purpose. Signage at the perimeter of the monitored area satisfies the notice requirement.
When biometric surveillance data is used to deny access or remove a consumer from the premises, the business must provide a detailed explanation of its actions and the criteria used. Subsection (d) creates a 30-day cure period for first violations, and subsection (e) authorizes the Director of the Division of Consumer Affairs to promulgate implementing regulations.
(a)–(b) 3 a. A business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1 shall not sell, lease, trade, share, or otherwise profit from information obtained through the business entityBusiness entity"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.Section 1's use of a biometric surveillance systemBiometric surveillance system"Biometric surveillance system" means any computer software that performs facial recognition or other remote biometric recognition.Section 1 on a consumer. b. A violation of this section shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.).
Section 3 imposes a categorical prohibition on business entities selling, leasing, trading, sharing, or otherwise profiting from information obtained through biometric surveillance of consumers. This is an absolute restriction with no exceptions — unlike Section 2, which permits biometric surveillance with notice. Violations are unlawful practices under the Consumer Fraud Act.
This act shall take effect on the first day of the sixth month following enactment.
Section 4 establishes the effective date as the first day of the sixth month following enactment. The precise date is not determinable until the bill is enacted.