WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
(a) 1 It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a person selling or offering for sale goods or services at retail or any place of public accommodationPlace of public accommodation"Place of public accommodation" means 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.Section 1(b) 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(b) on a consumer, except if used for a legitimate safety purposeLegitimate safety purpose"Legitimate safety purpose" means any purpose reasonably likely to reduce the risk to the life or safety of any person.Section 1(b).
(b) 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(b)" 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(b) or other remote biometric recognition. "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(b)" 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. "Legitimate safety purposeLegitimate safety purpose"Legitimate safety purpose" means any purpose reasonably likely to reduce the risk to the life or safety of any person.Section 1(b)" means any purpose reasonably likely to reduce the risk to the life or safety of any person. "Place of public accommodationPlace of public accommodation"Place of public accommodation" means 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.Section 1(b)" means 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.
Section 1 is the sole operative section of the bill. It prohibits any person selling or offering goods or services at retail, or operating a place of public accommodation, from using a biometric surveillance system on a consumer — unless the use serves a legitimate safety purpose. The prohibition is framed as an unlawful practice under the New Jersey Consumer Fraud Act (C.56:8-1 et seq.), which means violations trigger the CFA's existing enforcement infrastructure without the bill needing to create its own penalty or enforcement provisions.
The definition of facial recognition is notably broad: it extends beyond identity-matching to cover systems that log physical characteristics to infer emotion, associations, activities, or location. The safety exception is similarly broad — any purpose "reasonably likely to reduce the risk to the life or safety of any person" qualifies. This creates a significant carve-out whose boundaries would likely be shaped by enforcement practice.
This act shall take effect immediately.
Section 2 provides that the act takes effect immediately upon enactment. This is a standard operative-date provision with no independent compliance obligation.