Bill Text: NJ A1488 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits collection of biometric identifier information by public or private entity under certain circumstances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Consumer Affairs Committee [A1488 Detail]
Download: New_Jersey-2024-A1488-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
SYNOPSIS
Prohibits collection of biometric identifier information by public or private entity under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning biometric identifier information and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Except as provided in subsection b. of this section, any public or private entity of this State shall not collect, retain, convert, store, or share any biometric identifier information.
b. A public or private entity of this State may collect a person's biometric identifier information if the public or private entity posts clear and conspicuous notice, written in plain language, at every common entryway regarding its use of a biometric surveillance system.
c. Any public or private entity of this State that violates the provisions of this section shall be liable to a civil administrative penalty of $5,000 for a first offense and $10,000 for any second or subsequent violation, which shall be collected by the Attorney General in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). In addition, any pattern of violations of the provisions of this section shall constitute a fourth-degree crime. A pattern of violations shall be established when a public or private entity is found to have committed five or more violations of the provisions of this section, provided that each violation occurs on a separate day within the same thirty-day period. A subsequent violation of the provisions of this section committed by a public or private entity after having been convicted of a fourth-degree crime shall be a third-degree crime.
d. As used in this section:
"Biometric identifier information" means any data collected through a biometric surveillance system that assists in identifying a person or capturing information about a person based on the person's unique physical characteristics or traits.
"Biometric surveillance system" means any computer system or software that collects biometric identifier information using various methods, including, but not limited, to facial, iris, retina, voice, fingerprint, or palm recognition technologies.
"Private entity" means any person other than a public entity.
"Public entity" means the State, any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State.
2. This act shall take effect
on the first day of the sixth month following enactment.
STATEMENT
This bill prohibits the collection of biometric identifier information by public or private entities of this State under certain circumstances.
Under the bill, any public or private entity of this State is prohibited from collecting, retaining, converting, storing, or sharing any biometric identifier information unless the public or private entity posts clear and conspicuous notice, written in plain language, at every common entryway regarding its use of a biometric surveillance system.
The bill defines "biometric surveillance system" to mean any computer system or software that collects biometric identifier information using various methods, including but not limited, to facial, iris, retina, voice, fingerprint, or palm recognition technologies; and "biometric identifier information" to mean any data collected through a biometric surveillance system that assists in identifying a person or capturing information about a person based on the person's unique physical characteristics or traits.
Any public or private entity of this State that violates the provisions of this bill would be liable to a civil administrative penalty of $5,000 for a first offense and $10,000 for any second or subsequent violation.
In addition, any pattern of violations of the bill's provisions would constitute a fourth-degree crime. Under the bill, a pattern of violations would be established when a public or private entity is found to have committed five or more violations of the provisions of this bill, provided that each violation occurs on a separate day within the same thirty-day period. A subsequent violation of the bill's provisions committed by a public or private entity after being previously convicted of a fourth-degree crime would be a third-degree crime.
A fourth-degree crime is punishable by a fine of up to $10,000, a term of imprisonment of up to 18 months, or both. A crime of the third degree is punishable by a fine of up to $15,000, a term of imprisonment of three to five years, or both.
