NJ A3929

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

If a business uses biometric surveillance data to deny access or remove a consumer from premises, it must provide a detailed explanation of its actions and the criteria used in making that determination.

Businesses are prohibited from selling, leasing, trading, sharing, or otherwise profiting from biometric surveillance information collected from consumers.

First-time violators have a 30-day cure period to demonstrate compliance and avoid penalties; subsequent violations carry fines of up to $10,000 for first offenses and $20,000 for repeat offenses under the consumer fraud act.

The act takes effect on the first day of the sixth month following enactment, with the Division of Consumer Affairs authorized to promulgate implementing regulations.