NJ S1464

Business entities in New Jersey must provide clear and conspicuous notice (such as posted signs) before using biometric surveillance systems including facial recognition on consumers at their physical premises, and may only use such systems for lawful purposes.

Biometric surveillance systems are defined as computer software performing facial recognition or remote biometric recognition, including technology that identifies individuals or infers emotion, associations, activities, or location based on physical characteristics.

Businesses that use biometric data to deny or remove a consumer from their premises must provide a detailed explanation of their actions and the criteria used in making that determination.

Selling, leasing, trading, sharing, or profiting from biometric surveillance data collected from consumers is prohibited.

Violations constitute unlawful practices under New Jersey's consumer fraud act, with penalties up to $10,000 for first offenses and $20,000 for subsequent offenses, plus potential cease and desist orders, punitive damages, and treble damages; first-time violators who comply within 30 days may have penalties waived.