Establishes "Smart Camera Protection Act."

S4133

SENATE, No. 4133

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 11, 2026

Sponsored by:

Senator� ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

SYNOPSIS

���� Establishes �Smart Camera Protection Act.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning certain private outdoor video surveillance
cameras 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.��� This act shall be known
and may be cited as the �Smart Camera Protection Act.�

���� 2.��� As used in this act:

���� �Enhanced surveillance feature�
means any feature of a private outdoor video surveillance camera that enables
the camera to share, aggregate, or participate in a network or system that
collects or shares video, audio, metadata, alerts, or other surveillance
information with any party other than the user or those devices registered to
or owned by the user.

���� �Manufacturer� means a person
engaged in the business of manufacturing, assembling, or controlling the design,
hardware, or software configuration, including default settings, of a private
outdoor video surveillance camera.

���� �Private outdoor video
surveillance camera� or �camera� means a device installed outside a residence
or business that captures video footage of areas outside the residence or
business for security or monitoring purposes.

���� �User� means a person who
owns, leases, installs, or exercises control over a private outdoor video
surveillance camera.

���� 3.��� a.� A manufacturer of a
private outdoor video surveillance camera that is sold, offered for sale,
distributed, or installed in this State, whether directly or through a
distributor or retailer, that includes an enhanced surveillance feature shall:

���� (1)�� ensure that the feature
is set to �off� by default in the device�s hardware and software configuration
at the time of initial activation or device reset, or following any software or
firmware update that introduces or materially modifies the feature; and

���� (2)�� require a user to
affirmatively opt in to activate the enhanced surveillance feature through a
standalone consent screen that is clearly and conspicuously presented during
device setup or upon installation of an update that introduces or materially
modifies the feature.

���� b.��� The consent screen
required pursuant to subsection a. of this section shall:

���� (1)�� clearly describe the
specific categories of data that will be collected, analyzed, retained, or
shared;

���� (2)�� identify all persons or
entities, including third parties and government entities, with whom the data
may be shared or disclosed; and

���� (3)�� state the purposes for
which the data will be used.

���� c.���� The option to decline the
activation of an enhanced surveillance feature shall be displayed with equal
prominence as the option to accept the activation of an enhanced surveillance
feature.

���� d.��� A manufacturer of a
private outdoor video surveillance camera that includes an enhanced
surveillance feature shall not use false, misleading, coercive, or deceptive
language, design, or framing in the consent or activation process, including
language suggesting adverse consequences that are not reasonably necessary to
the basic operation of the device.

���� e.���� It shall be an unlawful
practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any
manufacturer of a private outdoor video surveillance camera to fail to comply
with the provisions set forth in this section.

���� 4.��� a.� The provisions of
this act shall apply to any private outdoor video surveillance camera that:

���� (1)�� is sold, offered for
sale, distributed, or installed at any time in this State; or

���� (2)�� was installed in this
State at any time in which the camera receives a software, firmware, or other
system update that introduces, enables, or materially modifies an enhanced
surveillance feature.

���� b.��� For any private outdoor
video surveillance camera installed in this State before the effective date of
this act that previously collected, generated, or retained data through the
operation of an enhanced surveillance feature, the manufacturer shall:

���� (1) present the user with the
consent screen required pursuant to section 3 of this act within 60 days following
the effective date of this act or during the next software or firmware update,
whichever occurs first; and

���� (2) delete any data previously
collected, generated, or derived from the operation of the enhanced
surveillance feature for any user who declines the activation of the enhanced
surveillance feature within 30 days of being presented with the consent screen.

���� 5.��� The Director of the
Division of Consumer Affairs in the Department of Law and Public Safety shall,
in accordance with the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to
implement this act.

���� 6.��� This act shall take
effect on the first day of the seventh month next following the date of
enactment, except that the Director of the Division of Consumer Affairs in the
Department of Law and Public Safety may take any advance administrative action
as may be necessary to implement the provisions of this act.

STATEMENT

���� This bill establishes the �Smart
Camera Protection Act� to regulate the manufacturing of private outdoor video
surveillance cameras that include an enhanced surveillance feature.

���� Under the bill, an �enhanced
surveillance feature� is defined as a feature of a private outdoor video
surveillance camera that enables the camera to share, aggregate, or participate
in a network or system that collects or shares video, audio, metadata, alerts,
or other surveillance information with any party other than the user or those
devices registered to or owned by the user.

���� The bill requires
manufacturers of a private outdoor video surveillance camera that is sold,
offered for sale, distributed, or installed in this State, whether directly or
through a distributor or retailer, that includes an enhanced surveillance
feature to: ensure that enhanced surveillance features are set to �off� by
default at initial activation, after a device reset, or following a software or
firmware update that introduces or materially modifies the feature; and obtain
a user�s affirmative opt in consent through a clear and conspicuous standalone
consent screen before activation.

���� The consent screen required pursuant
to the provisions of this bill is to: describe the categories of data
collected, analyzed, retained, or shared; identify all persons or entities,
including third parties and government entities, with whom the data may be
disclosed; and state the purposes for which the data will be used.

���� The bill further requires that
the option to decline the activation of an enhanced surveillance feature of a
camera is to be displayed with equal prominence as the option to accept the activation
of an enhanced surveillance feature.� Additionally, the bill prohibits a
manufacturer from using false, misleading, coercive, or deceptive language,
design, or framing in the consent or activation process, including language
suggesting adverse consequences that are not reasonably necessary to the basic
operation of the device.

���� The provisions of this bill apply
to any private outdoor video surveillance camera sold, offered for sale,
distributed, or installed at any time in this State, or to cameras installed in
this State at any time in which the camera receives a software, firmware, or
other system update that introduces, enables, or materially modifies an
enhanced surveillance feature.� Additionally, for cameras installed before the
effective date of this bill that previously collected data through an enhanced
surveillance feature, the manufacturer is required to present the user with a
consent screen within 60 days following the effective date of this act or
during the next software or firmware update, whichever occurs first, and delete
any data previously collected from the enhanced surveillance feature for users
who decline activation within 30 days of being presented with the consent
screen.

���� 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.