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New Jersey Assembly Bill A4411 seeks to regulate the use of facial recognition systems by prohibiting their application without express consent. It outlines specific exemptions for public safety and security purposes, while imposing strict data retention and sharing limitations. This legislation will impact any person, including governmental and private entities utilizing such technology.
Key Provisions
Prohibits use of facial recognition systems without express written consent.
Exempts law enforcement agencies using facial recognition for investigations.
Allows governmental and private entities to use facial recognition for public safety and security with data retention limits.
Requires data to be discarded within 90 days and prohibits sharing except by court order.
Violations can result in criminal charges and civil liability.
Defines 'facial recognition system' and outlines roles of governmental and private entities.
Latest Legislative Action
Introduced, Referred to Assembly State and Local Government Committee
Bill Sponsors
Name
Role
Webber, Jay
Primary
Compliance Checklist
Obtain express written consent from individuals before using facial recognition systems. Who: Businesses and entities using facial recognition technology. Penalty: Criminal charges for non-compliance.
Ensure data collected is discarded within 90 days and not shared without a court order. Who: Governmental and private entities using facial recognition. Deadline: Within 90 days of data collection. Penalty: Criminal charges and civil liability.
Assembly Bill A4411 establishes strict regulations on the use of facial recognition systems in New Jersey. It prohibits any person from utilizing these systems to identify, track, or compile data on individuals without their express written consent. However, the bill provides exemptions for federal, state, local, or interstate law enforcement agencies conducting investigations, as well as for governmental and private entities using the technology specifically for public safety and security, provided they adhere to specific data handling requirements. Entities utilizing facial recognition systems must ensure that any data collected is not shared with other parties, except through a court order, and must be discarded within 90 days. Non-compliance with these provisions can result in criminal charges, classified as a fourth-degree crime, and potential civil liability for damages incurred by individuals improperly subjected to facial recognition. Key definitions in the bill clarify what constitutes a 'facial recognition system' and outline the roles of 'governmental' and 'private entities.' This legislation aligns with growing concerns over privacy and surveillance, reflecting similar regulatory trends in other states that are also scrutinizing the use of AI technologies in public and private sectors.
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