NJ S3268

Prohibits retail businesses and places of public accommodation (including entertainment and sports venues) from using facial recognition or other biometric surveillance systems on consumers in New Jersey, unless used for a legitimate safety purpose

Defines "biometric surveillance system" as computer software performing facial recognition or remote biometric recognition, including automated processes that identify individuals or infer emotion, associations, activities, or location based on facial, head, or body characteristics

"Legitimate safety purpose" is defined as any purpose reasonably likely to reduce risk to life or safety of any person

Violations constitute unlawful practices under New Jersey's consumer fraud act, carrying penalties of up to $10,000 for first offense and up to $20,000 for subsequent offenses

Additional enforcement mechanisms include Attorney General cease and desist orders, punitive damages, and treble damages plus costs awarded to injured parties