In one paragraph
New Jersey's A3929 would make it an unlawful practice under the Consumer Fraud Act for a business entity to use a biometric surveillance system, meaning facial or other remote biometric recognition software, on a consumer at its physical premises unless it gives clear notice and uses it for a lawful purpose. Businesses could not sell, share or profit from the information. This describes the bill as introduced (pre-filed text); later amendments, if any, are not reflected.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Businesses using facial or biometric recognition on customers in physical locations would need notice, lawful purpose, explanations for denials, and no resale of data.
Key provisions
- Sec. 1: 'Biometric surveillance system' is software that performs facial recognition or other remote biometric recognition; 'facial recognition' includes logging facial, head or body characteristics to infer emotion, associations, activities or location.
- Sec. 2: Using such a system on a consumer at a business's premises is an unlawful practice under the Consumer Fraud Act, unless the business gives clear and conspicuous notice (a sign at the perimeter of the area suffices) and the use is for a lawful purpose.
- Sec. 2: A business that uses system information to deny premises access or remove a consumer must give a detailed explanation of its actions and criteria.
- Sec. 2: On a first violation the business has 30 days to comply, and demonstrating compliance waives the penalty; the Director of Consumer Affairs may adopt rules.
- Sec. 3: A business may not sell, lease, trade, share or otherwise profit from information obtained through the system; violation is an unlawful practice.
- Statement: penalties up to $10,000 for a first offense and $20,000 for later ones.
- Sec. 4: Takes effect on the first day of the sixth month after enactment.
Latest legislative action
May 4, 2026. Received in the Senate, Referred to Senate Law and Public Safety Committee
Sponsors (showing 5 of 30)
| Name | Role |
|---|---|
| Barlas, Al R | Primary |
| Barranco, Christian E. | Primary |
| Beach, James | Primary |
| Benson, Daniel R. | Primary |
| Bergen, Brian R | Primary |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error