Bill Text: NJ A4411 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits use of facial recognition systems except in certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-11-18 - Introduced, Referred to Assembly Law and Public Safety Committee [A4411 Detail]
Download: New_Jersey-2012-A4411-Introduced.html
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
SYNOPSIS
Prohibits use of facial recognition systems except in certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning facial recognition systems 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. As used in this act:
"Facial recognition system" means a computer application which uses facial recognition algorithms to identify or verify a person from a digital image or a video frame from a video source.
"Governmental entity" means the State, any agency, authority, or employee thereof, or any political subdivision of the State, including but not limited to any county, municipality, or school district, or any agency, authority, or employee thereof.
"Private entity" means any private individual, corporation, company, partnership, firm, association, owner or operator.
2. a. No person shall utilize a facial recognition system to identify, track, or compile data regarding an individual within this State without the express written consent of the individual.
b. The provisions of subsection a. of this section shall not apply to:
(1) any federal, State, local or interstate law enforcement agency utilizing a facial recognition system in the course of an investigation; or
(2) any governmental entity or private entity utilizing a facial recognition system for the purposes of public safety and security, provided that the information gathered is not shared with any other entity, other than by court order, and is discarded within 90 days.
3. Any person who knowingly utilizes a facial recognition system in violation of the provisions of provisions of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) is guilty of a crime of the fourth degree.
4. In addition to any other right of action or recovery otherwise available under the laws of this State, any State, local or interstate law enforcement agency or officers, government entity or private entity who knowingly violates the provisions of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be liable to a plaintiff who was improperly subjected to a facial recognition system. The plaintiff may bring a civil action in the Superior Court, and the court may award actual damages, punitive damages, reasonable attorney's fees and other litigation costs.
5. This act shall take effect immediately.
STATEMENT
This bill prohibits the use of a facial recognition system to identify, track, or compile data regarding an individual within this State without the express written consent of the individual.
Facial recognition systems are defined by the bill as computer applications which use facial recognition algorithms to identify or verify a person from a digital image or a video frame from a video source.
The bill provides an exemption to the requirement of express written consent for law enforcement agencies utilizing facial recognition systems in the course of an investigation. The bill also provides that any governmental entity or private entity may utilize facial recognition systems, without written consent, but only for the purposes of public safety and security. Additionally, the bill specifies that governmental entities, other than law enforcement agencies acting within the course of an investigation, and private entities may not share the information gathered, except in compliance with a court order, and that the information must be discarded within 90 days.
