New Jersey Assembly Passes Biometric Surveillance Bill With Penalties Up to $20,000

The New Jersey General Assembly has passed Bill A3929, a measure that would prohibit businesses from using biometric surveillance without clear notice and a lawful purpose, sending the legislation to the state Senate for further consideration.

The bill passed the Assembly by a vote of 56-16-1. Under its provisions, businesses operating in New Jersey would be barred from deploying biometric surveillance systems unless they provide clear, conspicuous notice to individuals subject to monitoring and can demonstrate a lawful justification for the data collection.

A3929 also prohibits companies from profiting from biometric surveillance data, targeting the secondary market for biometric information gathered through commercial surveillance systems. Businesses that deny consumers access to goods or services based on biometric data would be required to provide a written explanation for the denial and offer an alternative means of accessing the goods or services in question.

Violations carry civil penalties ranging from $10,000 for a first offense to $20,000 for subsequent offenses, enforceable as unlawful practices under the state consumer fraud act. The state Attorney General would have direct enforcement authority, and affected businesses would also face potential injunctive relief and court-ordered corrective action plans.

The legislation joins a growing wave of state-level biometric privacy measures advancing across the country. Massachusetts has introduced legislation targeting in-store biometric pricing, while Colorado passed strict facial recognition regulations for government use earlier this year.

A3929 represents New Jersey’s first comprehensive legislative effort focused specifically on biometric surveillance in commercial settings. The bill distinguishes between biometric data used for security and access control purposes versus data collected for broader surveillance or commercial exploitation. Covered biometric identifiers include facial geometry, fingerprints, voiceprints, iris or retina scans, gait patterns, and keystroke dynamics.

The measure now heads to the state Senate, where committee assignment and scheduling will determine its path forward. Illinois’s Biometric Information Privacy Act remains the most litigated biometric statute in the country, and New Jersey’s approach draws on elements of BIPA while adding surveillance-specific provisions and a separate prohibition on monetizing biometric data collected through surveillance systems.

Sources: LegiScan

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By the ID Tech Editorial Team