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S3268
SENATE, No. 3268
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 2, 2026
Sponsored by:
Senator� KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
���� Prohibits use of facial recognition technology on
consumer except for legitimate safety purpose.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning facial recognition and supplementing
P.L.1960, c.39 (C.56:8-1 et seq.).�
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� It shall be an
unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a
person selling or offering for sale goods or services at retail or any place of
public accommodation to use any biometric surveillance system on a consumer,
except if used for a legitimate safety purpose. �
���� b.��� As used in this section:
���� �Biometric surveillance system�
means any computer software that performs facial recognition or other remote
biometric recognition.����������
���� �Facial recognition� means an
automated or semi-automated process that assists in identifying a person or
capturing information about a person based on the physical characteristics of
the person�s face, or that logs characteristics of a person�s face, head, or
body to infer emotion, associations, activities, or location of the person.�
���� �Legitimate safety purpose�
means any purpose reasonably likely to reduce the risk to the life or safety of
any person.
���� �Place of public
accommodation� means any place open to the public offering for sale goods or
services to a consumer, and shall include, but not be limited to, an
entertainment or sports venue.
���� 2.��� This act shall take
effect immediately.�
STATEMENT
���� The bill prohibits a person
selling or offering for sale goods or services at retail or any place of public
accommodation from using any biometric surveillance system on a consumer,
except if used for a legitimate safety purpose.
���� The bill defines �biometric
surveillance system� to mean any computer software that performs facial recognition
or other remote biometric recognition.� In addition, the bill defines �facial
recognition� as an automated or semi-automated process that assists in
identifying a person or capturing information about a person based on the physical
characteristics of the person�s face, or that logs characteristics of a
person�s face, head, or body to infer emotion, associations, activities, or
location of the person.� The bill defines �legitimate safety purpose� as any
purpose reasonably likely to reduce the risk to life or safety of any person.�
Finally, the bill defines �place of public accommodation� as any place open to
the public offering for sale goods or services to a consumer, and shall
include, but not be limited to, an entertainment or sports venue.
���� A
violation of the bill� s provisions is an unlawful practice under the consumer
fraud act punishable by a monetary penalty of not more than $10,000 for a first
offense and not more than $20,000 for any subsequent offense. In addition,
violations may result in cease and desist orders issued by the Attorney
General, the assessment of punitive damages, and the awarding of treble damages
and costs to the injured party.